De Garza v. Derr
| Maria Luquin De Garza |
| Warden Estela Derr |
| 1:2023cv00078 |
| February 8, 2023 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| KENNETH J MANSFIELD |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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| Document Text |
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| Filing 8 Mail Returned as Undeliverable (re ECF No. 6 Entering Order). Mail sent to Maria Luquin De Garza at FDC Honolulu returned undelivered / "not at this address". A search of the Federal Bureau of Prisons website on 4/3/2023 reflects that Petitioner is "Not in BOP Custody". (eta) |
| Filing 7 RESPONSE re #1 Petition for Writ of Habeas Corpus, Respondent Warden Estela Derr's Response to Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 [ECF No. 1]; Certificate of Service filed by Estela Derr. (Attachments: #1 Declaration of Kris Robl, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Yee, Harry) |
| Filing 6 EO: Before the Court is Respondent's Motion for Extension of Time to Respond to Habeas Petition [ECF No. #5 ]. For good cause shown, the Motion is GRANTED. Respondent is ORDERED to file an Answer to the Petition on or before March 31, 2023, pursuant to Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner may file an optional Reply on or before April 14, 2023. IT IS SO ORDERED. (JUDGE LESLIE E. KOBAYASHI)(afe)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
| Filing 5 MOTION for Extension of Time to File Answer Respondent Warden Estela Derr's Motion for Extension of Time to Respond to Habeas Petition; Certificate of Service Harry Yee appearing for Respondent Estela Derr (Attachments: #1 Declaration of Robert W. Miller)(Yee, Harry) |
| Filing 4 EO: On February 8, 2023, the Court received pro se Petitioner Maria Luquin De Garza's "Writ for Habeas Corpus Under 28 U.S.C. 2241 Seeking an Order to Have the Bureau of Prisons ('BOP') Apply My First Step Act Earned Time Credits" [ECF No. #1 ]. The Court received the filing fee on March 2, 2023 [ECF No. #3 ]. The government is ORDERED to file an Answer to the Petition on or before March 24, 2023, pursuant to Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner may file an optional Reply on or before April 7, 2023. The Clerk of Court is DIRECTED to serve a copy of this Entering Order and the Petition on the United States Attorney's Office for the District of Hawaii. (JUDGE LESLIE E. KOBAYASHI)(afe)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
| COURT'S CERTIFICATE of Service - a copy of #4 Entering Order and #1 Petition for Writ of Habeas Corpus has been served through interoffice delivery to the U.S. Attorney's Office for the District of Hawaii on March 3, 2023. A copy of #4 Entering Order has been served by First Class Mail to Maria Luquin De Garza at the the address of record on March 3, 2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (afe) |
| Filing 3 Filing fee: $ 5, receipt number HI034349 re #1 Petition for Writ of Habeas Corpus (eta) |
| COURT'S CERTIFICATE of Service - a copy of #2 HABEAS DEFICIENCY ORDER has been served by First Class Mail to Maria Luquin De Garza at the address of record on February 9, 2023. A blank copy of the Application to Proceed In Forma Pauperis by a Prisoner, its instructions and a file-stamped copy of the habeas petition shall be included in the mailing to Petitioner. (eta) |
Filing 2
HABEAS DEFICIENCY ORDER - Signed by CHIEF JUDGE DERRICK K. WATSON on 2/8/2023. (eta)
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| Filing 1 Writ for Habeas Corpus Under 28 U.S.C. 2241 Seeking an Order to Have the Bureau of Prisons ("BOP") Apply My First Step Act Earned Time Credits - filed by Maria Luquin De Garza. (Attachments: #1 Exhibit A, #2 Mailing Documentation)(eta) |
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| Petitioner: Maria Luquin De Garza | |
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| Respondent: Warden Estela Derr | |
| Represented By: | Harry Yee |
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