Smith v. Frink
| Dexter J. Smith |
| M. Frink |
| Laurie Nadamoto and Shelley Harrington |
| 1:2020cv00377 |
| September 1, 2020 |
| US District Court for the District of Hawaii |
| SUSAN OKI MOLLWAY |
| ROM TRADER |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on December 4, 2020. A more recent docket listing may be available from PACER.
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| Filing 9 CLERK'S JUDGMENT entered on 10/29/2020 pursuant to #8 Order Dismissing Petition For Writ Of Habeas Corpus and Denying Certificate Of Appealability. (cib) |
Filing 8
ORDER Dismissing Petition For Writ Of Habeas Corpus and Denying Certificate Of Appealability re #1 . Smith's Petition is DISMISSED as time-barred pursuant to 28 U.S.C. 2244(d). A certificate of appealability is DENIED. The Clerk of Court shall enter judgment and close the file. Signed by JUDGE SUSAN OKI MOLLWAY on 10/29/2020. (cib)
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| COURT'S CERTIFICATE of Service - a copy of #8 Order, #9 Clerk's Judgment has been served by First Class Mail to the addresses of record on Dexter J. Smith. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) |
| Filing 6 Preliminary Answer to Petition for Writ of Habeas Corpus ANSWER to Complaint by M. Frink. (Attachments: #1 Memorandum, #2 Appendix A, #3 Appendix B, #4 Appendix C, #5 Appendix D, #6 Appendix E, #7 Appendix F, #8 Appendix G, #9 Appendix H, #10 Appendix I, #11 Appendix J, #12 Appendix K, #13 Appendix L, #14 Appendix M, #15 Appendix N, #16 Certificate of Compliance, #17 Certificate of Service)(Thomas, Loren) |
| Filing 7 Filing fee received: $5.00; receipt number HI029525 re #1 Petition for Writ of Habeas Corpus (jo) |
| Filing 5 [RESPONSE TO] ORDER TO SHOW CAUSE - filed by Dexter J. Smith (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Mailing Envelope) (jo) |
| COURT'S CERTIFICATE of Service - a filed copy of #5 Response to Order to Show Cause will be served by First Class Mail on October 14, 2020 to Dexter J. Smith at the address of record. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jo) |
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Filing 4
ORDER TO SHOW CAUSE - Signed by MAGISTRATE JUDGE ROM TRADER on 9/9/2020. (1) Smith is NOTIFIED that the Court is considering dismissing his claims as time-barred. See Herbst v. Cook, 260 F.3d 1039, 1042 & n.3, 1043 (9th Cir. 2001). It is Smith's burden to demonstrate that he is entitled to equitable tolling. See Smith v. Duncan, 297 F.3d 809, 814 (9th Cir. 2002), abrogated on other grounds by Pace, 544 U.S. at 418. (2) Smith is ORDERED to Show Cause in writing on or before October 7, 2020, explaining why the Petition should not be dismissed as time-barred. He should address any bases for statutory or equitable tolling that apply to his claims and any reasons that prevented him from timely filing this action. (3) Respondent is ORDERED to file a Preliminary Answer to the Petition or other dispositive motion on or before November 4, 2020. The Preliminary Answer or Motion shall address the statute of limitation's application to Smith's claims, Smith's response to the Order to Show Cause, and any other preliminary, procedural bases for dismissal. (4) The Court will decide whether further briefing is required thereafter. (5) The Clerk is DIRECTED to send a copy of the Petition and this Order to the Office of the Attorney General and the Office of the Prosecutor for the City and County of Honolulu. (jo)
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Filing 3
ORDER GRANTING IN FORMA PAUPERIS APPLICATION re: #2 - Signed by MAGISTRATE JUDGE ROM TRADER on 9/3/2020. (jo)
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| COURT'S CERTIFICATE of Service - a copy of #3 ORDER GRANTING IN FORMA PAUPERIS APPLICATION will be served on September 3, 2020 by First Class Mail to Dexter J. Smith A6058528, the Warden, and Financial Office at Saguaro Correctional Center, 1250 East Arica Rd, Eloy, AZ 85131. Shelley Nobriga Harrington, Esq. and Laurie Nadamoto, Esq., Department of Public Safety Litigation Coordinators and the Financial Department for the District of Hawaii received the order electronically to the email addresses listed on the Notice of Electronic Filing (NEF). (jo) |
| Filing 2 APPLICATION To Proceed In Forma Pauperis By A Prisoner - filed by Petitioner Dexter J. Smith (Attachments: #1 Mailing Envelope) (jo) |
| Filing 1 PETITION UNDER 28 U.S.C. 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY - filed by Dexter J. Smith (Attachments: #1 Memoranda, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5a, #7 Exhibit 5b, #8 Exhibit 6a, #9 Exhibit 6b, #10 Exhibit 6c, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Mailing Envelope) (jo) |
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