Lowther v. State of Hawaii
| Evan K. Lowther |
| State of Hawaii and Edmund Hyun |
| Shelley Harrington and Laurie Nadamoto |
| 1:2020cv00401 |
| September 23, 2020 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| ROM TRADER |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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| COURT'S CERTIFICATE of Service - a copy of #12 ORDER DISMISSING AMENDED PETITION AND DENYING CERTIFICATE OF APPEALABILITY and #13 Clerk's Judgment have been served by First Class Mail to Evan K. Lowther at the address of record on October 28, 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 13 CLERK'S JUDGMENT entered on 10/27/2020 pursuant to ECF No. #12 ORDER DISMISSING AMENDED PETITION AND DENYING CERTIFICATE OF APPEALABILITY. (emt, ) |
Filing 12
ORDER DISMISSING AMENDED PETITION AND DENYING CERTIFICATE OF APPEALABILITY re #9 - Signed by JUDGE JILL A. OTAKE on 10/27/2020. (1) The Amended Petition is DISMISSED. (2) To the extent Lowther raises a conditions of confinement claim that does not impact the duration or fact of his detention, that claim is DISMISSED without prejudice to raising the claim in a civil rights action, once Lowther has exhausted his administrative remedies. (3) Lowther cannot make a substantial showing that reasonable jurists would find the dismissal of his Amended Petition either debatable or incorrect, therefore any request for a certificate of appealability is DENIED. See Gonzalez v. Thaler, 565 U.S. 134, 141 (2012); Habeas Rule 11(a). (emt, )
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| Filing 11 Letter addressed to Judge Jill A. Otake from Evan K. Lowther in response to Court's Minute Order 5 and #7 ORDER TO SHOW CAUSE AND DISMISSING PETITION WITH LEAVE TO AMEND filed by Evan K. Lowther. (Attachments: #1 Supporting Documentation)(emt, ) |
| Filing 10 Transmittal Letter to Clerk of Court from Evan Lowther, dated October 12, 2020. (Attachments: #1 copy of Application to Proceed in Forma Pauperis by a Prisoner) (emt, ) |
| Filing 9 AMENDED PETITION Under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody filed by Evan K. Lowther. (Attachments: #1 Mailing Documentation)(emt, ) |
| COURT'S CERTIFICATE of Service - a copy of ECF No. #7 ORDER TO SHOW CAUSE AND DISMISSING PETITION WITH LEAVE TO AMEND shall be resent to Evan K. Lowther at Waiawa Correctional Facility (see Notice of Change of Address, ECF No. #8 ) on October 8, 2020. A blank Petition Under 28 U.S.C. 2254 for a Writ of Habeas Corpus form shall be included in the mailing to Mr. Lowther. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) |
| Filing 8 NOTICE of Change of Address - by Evan K. Lowther. (CV 20-00343 JAO-KJM, CV 20-00401 JAO-RT) (Attachments: #1 Mailing Documentation) (emt, ) |
| COURT'S CERTIFICATE of Service - a copy of ECF No. #7 ORDER TO SHOW CAUSE AND DISMISSING PETITION WITH LEAVE TO AMEND has been served by First Class Mail to Evan K. Lowther at the address of record on September 30, 2020. A blank Petition Under 28 U.S.C. 2254 for a Writ of Habeas Corpus form was included in the mailing to Mr. Lowther. 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 7
ORDER TO SHOW CAUSE AND DISMISSING PETITION WITH LEAVE TO AMEND - Signed by JUDGE JILL A. OTAKE on 9/29/2020. (1) The Petition is DISMISSED with leave granted to amend on or before November 2, 2020. Failure to timely file an amended petition that cures the deficiencies noted above will result in dismissal of this action without prejudice. (2) If Lowther elects to file an amended petition, he is ORDERED TO SHOW CAUSE why this action should not be dismissed. To show cause, Lowther must file an amended petition on court forms that (a) names a proper respondent; (b) clarifies the conviction and sentence that he challenges; and (c) explains the facts, federal bases, exhaustion, and timeliness of his claims. (3) In the alternative, Lowther may NOTIFY the court in writing on or before November 2, 2020, that he is voluntarily dismissing this action. (4) The Clerk shall SEND Lowther a blank Petition under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody so that he can comply with the instructions in this Order. Show Cause Response due by 11/2/2020. (emt, )
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Filing 6
ORDER GRANTING IN FORMA PAUPERIS APPLICATION AND DENYING REQUEST FOR APPOINTMENT OF COUNSEL re #2 , #3 - Signed by MAGISTRATE JUDGE ROM TRADER on 9/28/2020. (emt, )
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| COURT'S CERTIFICATE of Service - a copy of ECF No. #6 ORDER GRANTING IN FORMA PAUPERIS APPLICATION AND DENYING REQUEST FOR APPOINTMENT OF COUNSEL shall be served by First Class Mail to Evan K. Lowther at the address of record on September 29, 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 EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake on the court's website. (JUDGE JILL A. OTAKE)(shm) |
| Filing 4 Letter to Honorable Judge from Evan K. Lowther regarding Application to Proceed in Forma Pauperis, ECF No. #2 and request for appointment of counselor, dated September 16, 2020. (emt, ) |
| Filing 3 Letter to Clerk from Evan K. Lowther regarding Application to Proceed in Forma Pauperis, ECF No. #2 , dated September 16, 2020. (emt, ) |
| Filing 2 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Petitioner Evan K. Lowther. (emt, ) |
| Filing 1 PETITION Under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody - filed by Evan K. Lowther. (Attachments: #1 Mailing Documentation) (emt, ) |
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