McCoy v. Sequeira et al
| Isaiah McCoy |
| David Van Acker, Todd W. Eddins, State of Hawaii and Francis Sequeira |
| Shelley Harrington and Laurie Nadamoto |
| 1:2020cv00384 |
| September 8, 2020 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| ROM TRADER |
| DERRICK K WATSON |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Filing 10 EO: On 9/18/20, the Court issued an order dismissing the Petition for a Writ of Habeas Corpus without prejudice as unexhausted and pursuant to the Younger abstention doctrine [ECF 4]. In the same order, the Court denied any request for a certificate of appealability and instructed the Clerk of Court to close the file and terminate the action. Judgment was entered the same day [ECF 5]. McCoy subsequently filed an application to proceed in forma pauperis [ECF 6], that the Court denied as moot because the action had been terminated [ECF 8]. McCoy now files a letter claiming that he has exhausted his administrative and judicial remedies [ECF 9]. Because the Court dismissed the Petition and denied the IFP Application, there is nothing before the Court to consider. If McCoy wishes to file a new habeas petition and/or IFP application, he may do so. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk) |
| COURT'S CERTIFICATE of Service - a copy of Docket No. 10 has been served by First Class Mail to Isaiah McCoy at the address of record on October 26, 2020. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
| Filing 9 Letter addressed to Chief Judge J. Michael Seabright from Isaiah McCoy re: Notice of exhaustion of state administrative and judicial remedies related to issues raised in the petition, dated October 7, 2020. (Attachments: #1 Mailing Documentation)(emt, ) |
| Filing 8 EO: On 9/18/20, the Court dismissed without prejudice as unexhausted McCoy's petition for a writ of habeas corpus [ECF 4], and the Clerk entered judgment the same day [ECF 5]. On 10/5/20, the Court received McCoy's application to proceed in forma pauperis [ECF 6]. Because the Court dismissed McCoy's petition and this action has been terminated, McCoy's IFP application is DENIED as moot. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk) |
| COURT'S CERTIFICATE of Service - a copy of 8 Order on Motion for Leave to Proceed in forma pauperis has been served by First Class Mail to Isaiah McCoy at the address of record on October 14, 2020. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
| Filing 7 Transmittal Letter Re: Application to Proceed in Forma Pauperis and NOTICE of Change of Address - by Isaiah McCoy. (Attachments: #1 Mailing Documentation) (emt, ) |
| Filing 6 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Petitioner Isaiah McCoy. (Attachments: #1 Mailing Documentation) (emt, ) |
| COURT'S CERTIFICATE of Service - a copy of ECF Nos. #4 ORDER DISMISSING PETITION AND DENYING CERTIFICATE OF APPEALABILITY and #5 Clerk's Judgment shall be resent to Isaiah McCoy at Halawa Correctional Facility by First Class Mail on October 6, 2020 (see Notice of Change of Address, ECF No. #7 , filed on October 5, 2020). Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) |
| Filing 5 CLERK'S JUDGMENT entered on 9/18/2020 pursuant to ECF No. #4 ORDER DISMISSING PETITION AND DENYING CERTIFICATE OF APPEALABILITY. (emt, ) |
Filing 4
ORDER DISMISSING PETITION AND DENYING CERTIFICATE OF APPEALABILITY re #1 - Signed by JUDGE DERRICK K. WATSON on 9/18/2020. (1) The Petition for Writ of Habeas Corpus is DISMISSED without prejudice as unexhausted and pursuant to the Younger abstention doctrine. (2) Any pending motions are DENIED. (3) Any request for a certificate of appealability is DENIED. (4) The Clerk of Court SHALL close the file and terminate this action. (emt, )
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| COURT'S CERTIFICATE of Service - a copy of ECF No. #4 ORDER DISMISSING PETITION AND DENYING CERTIFICATE OF APPEALABILITY and ECF No. #5 Clerk's Judgment shall be served by First Class Mail to Isaiah McCoy at the address of record on September 21, 2020. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) |
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Filing 3
ORDER OF RECUSAL - Signed by JUDGE JILL A. OTAKE on 9/10/2020. JUDGE JILL A. OTAKE recused. Case reassigned to JUDGE DERRICK K. WATSON for all further proceedings. Please reflect new case number CV 20-00384 DKW-RT on all further filings . (emt, )
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| COURT'S CERTIFICATE of Service - a copy of #3 ORDER OF RECUSAL has been served by First Class Mail to Isaiah McCoy at the address of record on September 10, 2020. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) |
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Filing 2
HABEAS DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/9/2020. (emt, )
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| COURT'S CERTIFICATE of Service - a copy of ECF No. #2 HABEAS DEFICIENCY ORDER has been served by First Class Mail to Isaiah McCoy at the address of record on September 9, 2020. A blank Application to Proceed in Forma Pauperis by a Prisoner, its instructions and a file-stamped copy of the initiating document were included in the mailing to Mr. McCoy. (emt, ) |
| Filing 1 PETITION Under 28 U.S.C. 2241(c)(3), 28 U.S.C. 2243 for a Writ of Habeas Corpus - filed by Isaiah McCoy. (Attachments: #1 Mailing Documentation) (emt, ) |
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