McNeil v. United States of America
Petitioner: Kenneth Charles McNeil
Respondent: United States of America
Case Number: 1:2021cv00212
Filed: April 28, 2021
Court: US District Court for the District of Hawaii
Presiding Judge: SUSAN OKI MOLLWAY
Referring Judge: ROM TRADER
Nature of Suit: Mandamus & Other
Cause of Action: 28 U.S.C. ยง 1651
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 21, 2021 Opinion or Order Filing 10 Petitioner's SUPPLEMENTAL Exhibits re: #9 - filed by Kenneth Charles McNeil (CR 02-00547 SOM; CV 21-00212 SOM-RT) (Attachments: #1 Mailing Envelope) (jo)
June 21, 2021 Opinion or Order Filing 9 Petitioner's REPLY to Government's Memorandum - filed by Kenneth Charles McNeil (CR 02-00547 SOM; CV 21-00212 SOM-RT) (Attachments: #1 Mailing Envelope) (jo)
June 10, 2021 Opinion or Order Filing 8 EO: The court denies Mr. McNeil's motion regarding amicus briefs. Mr. McNeil appears to assume that this court should affirmatively invite amicus briefs. That is not the court's practice. If someone interested in filing an amicus brief were to move for leave to do so, the court would consider that motion. The court's present expectation, however, is that it will be able to decide the coram nobis motion based on what Mr. McNeil and the United States submit. re #7 . (JUDGE SUSAN OKI MOLLWAY)(cib)
June 10, 2021 Opinion or Order COURT'S CERTIFICATE of Service - a copy of 8 Link has been served by First Class Mail to the addresses of record on Kenneth Charles McNeil. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib)
June 9, 2021 Opinion or Order Filing 7 MOTION Asking the Court to Request Amicus Participation - filed by Kenneth Charles McNeil (Attachments: #1 Mailing Envelope) (CR 02-00547 SOM; CV 21-00212 SOM-RT)(jo)
June 7, 2021 Opinion or Order Filing 11 MEMORANDUM in Opposition by USA as to Kenneth Charles McNeil re #1 Petition For Writ Of Error Coram Nobis (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Certificate of Service) (jo)
June 7, 2021 Opinion or Order ADVISORY ENTRY: The Clerk's Office has entered ECF #11 MEMORANDUM in Opposition by USA in the instant case. Pursuant to ECF 5 - "All docket entries relative to the Coram Nobis Petition will be entered in both cases: CR 02-00547 SOM and CV 21-00212 SOM-RT..." All further filings shall be entered in both cases. (jo)
April 29, 2021 Opinion or Order Filing 6 EO: The court denies the motion to stay and instead grants the alternative motion to add the motion for determination of applicable law to the coram nobis petition. The government may respond to both the motion for determination of applicable law and to the coram nobis petition in a single memorandum of no more than 9000 words no later than June 7, 2021. Mr. McNeil may file a single optional reply memorandum of no more than 4500 words by June 21, 2021. At this time, the court sets a hearing to be held by videoconference on the matter for July 12, 2021 at 11:00 a.m., but the court reserves the right, after reviewing the briefs, to take the matter off the hearing calendar and to decide the matter based on the briefs. If the court proceeds with a hearing, directions for joining by video will be provided at a later date. re #3 , #4 . (JUDGE SUSAN OKI MOLLWAY)(cib)
April 29, 2021 Opinion or Order Filing 5 NOTICE of Case Assignment: Please reflect Civil Case Number CV 21-00212 SOM-RT on all further pleadings. All docket entries relative to the Coram Nobis Petition will be entered in both cases: CR 02-00547 SOM and CV 21-00212 SOM-RT. Please reflect the two case numbers on all further filings. (jo)
April 29, 2021 Opinion or Order COURT'S CERTIFICATE of Service - a copy of 6 has been served by First Class Mail to the addresses of record on Kenneth Charles McNeil. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib)
April 28, 2021 Opinion or Order Filing 4 MOTION Stay Coram Nobis Proceedings Until Disposition of Petitioner's Motion For Determination of Applicable Law or in the alternative, MOTION to Add Petitioner's Motion For Determination to Petitioner's Petition For Writ of Coram Nobis re #1 , #3 - filed by Kenneth Charles McNeil (Attachments: #1 Mailing Envelope) (jo)
April 28, 2021 Opinion or Order Filing 3 MOTION for Determination of Applicable Law re #1 Petition For Writ of Error Coram Nobis - filed by Kenneth Charles McNeil (Attachments: #1 Mailing Envelope) (jo)
April 28, 2021 Opinion or Order Filing 2 EXHIBITS to #1 Petition For Writ of Error Coram Nobis - filed by Kenneth Charles McNeil (Attachments: #1 Mailing Envelope) (jo)
April 28, 2021 Opinion or Order Filing 1 PETITION FOR WRIT OF ERROR CORAM NOBIS - filed by Kenneth Charles McNeil (Attachments: #1 Mailing Envelope) (jo)

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Petitioner: Kenneth Charles McNeil
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Respondent: United States of America
Represented By: Marshall H Silverberg
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