Tong v. Derr
| Chun Mei Tong |
| Warden Estela Derr |
| 1:2023cv00259 |
| June 20, 2023 |
| US District Court for the District of Hawaii |
| WES REBER PORTER |
| J MICHAEL SEABRIGHT |
| DERRICK K WATSON |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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This docket was last retrieved on September 19, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 CERTIFICATE OF SERVICE by Estela Derr re #9 Response [Re: Respondent Warden Estela Derr's Response to Petition Brought Pursuant to 28 U.S.C. 2241 and 28 U.S.C. 2255 [ECF No. 1]] (Moreland Villalon, Natalie) |
| Filing 9 RESPONSE re #1 Petition for Writ of Habeas Corpus filed by Estela Derr. (Moreland Villalon, Natalie) |
| Filing 8 EO: For good cause shown, Respondent's Motion for Extension of Time to File Response, ECF No. #7 , is GRANTED. Respondent's Answer is due on or before August 16, 2023. Petitioner may file an optional Reply on or before August 30, 2023. (JUDGE J. MICHAEL SEABRIGHT)(rlfh)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 7 MOTION for Extension of Time to File Response/Reply Respondent Warden Estela Derrs Motion for Additional Time to Respond to Petition Brought Pursuant To 28 U.S.C. 2241 and 28 U.S.C. 2255 [ECF No. 1]; COS Natalie Moreland Villalon appearing for Respondent Estela Derr (Attachments: #1 Declaration of Natalie Moreland Villalon)(Moreland Villalon, Natalie) |
| Filing 6 EO: On June 20, 2023, the court received pro se Petitioner Chun Mei Tong's "Motion Under 28 U.S.C. 2241 to Reduce Sentence Due to Change in Law" [ECF No. 1]. Petitioner describes her filing as a petition brought pursuant to 28 U.S.C. 2241 and 28 U.S.C. 2255(e). The court received the filing fee on July 10, 2023 [ECF No. 5]. Respondent is ORDERED to file an Answer to the Petition on or before August 2, 2023, pursuant to Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. In her Answer, Respondent must address, in addition to any other issues she deems appropriate, the following five questions: (1) may Petitioner file a 2241 petition under 28 U.S.C. 2255(e)'s savings clause based on the Supreme Court's recent decision in Dubin v. United States, No. 22-10, 2023 WL 3872518 (U.S. June 8, 2023); compare Jones v. Hendrix, No. 21-857, 2023 WL 4110233 (U.S. June 22, 2023), with Allen v. Ives, 950 F.3d 1184, 118891 (9th Cir. 2020); (2) assuming that the answer to the first question is no, should the court exercise its discretion and construe Petitioner's filing as a 2255 motion, see Muth v. Fondren, 676 F.3d 815, 818 (9th Cir. 2012); (3) if the court construes Petitioner's filing as a 2255 motion, is the motion second or successive, see United States v. Jackson, 21 F.4th 1205, 1212 (9th Cir. 2022); (4) if the motion is second or successive, does 28 U.S.C. 1651 nonetheless provide Tong with a vehicle for raising her claim, see United States v. Barrett, 178 F.3d 34, 38 (1st Cir. 1999); Melton v. United States, 359 F.3d 855, 857 (7th Cir. 2004); and (5) how should the court resolve the merits of Petitioner's claim, assuming that that claim can be reached? Petitioner may file an optional Reply on or before August 16, 2023. The Clerk of Court is DIRECTED to serve a copy of this Entering Order and the Petition [ECF No. 1] on the United States Attorney's Office for the District of Hawaii. IT IS SO ORDERED. (JUDGE J. MICHAEL SEABRIGHT)(rlfh)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 ECF No. #1 Motion Under 28 U.S.C. 2241 to Reduce Sentencing Due To Change In Law and ECF No. 6 Entering Order has been served on the U.S. Attorneys Office for the District of Hawaii. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (rlfh) |
| Filing 5 Filing fee received : $ 5.00, Receipt number 839 re #1 Petition for Writ of Habeas Corpus. (jni) |
| Filing 4 MOTION to Construe My 2241 (ECF No. #1 ) as Writ of Mandamus Under 28 U.S.C. 1651 - by Petitioner Chun Mei Tong (Attachments: #1 Mailing Documentation)(eta) |
Filing 3
ORDER REASSIGNING CASE - Signed by CHIEF JUDGE DERRICK K. WATSON on 6/22/2023. Case reassigned to JUDGE J. MICHAEL SEABRIGHT for all further proceedings. CHIEF JUDGE DERRICK K. WATSON no longer assigned to case. Please reflect new case number CV 23-00259 JMS-WRP on all further pleadings . (eta)
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| COURT'S CERTIFICATE of Service - a copy of #3 ORDER REASSIGNING CASE shall be served by First Class Mail to Chun Mei Tong at the address of record on June 23, 2023. (eta) |
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Filing 2
HABEAS DEFICIENCY ORDER - Signed by CHIEF JUDGE DERRICK K. WATSON on 6/21/2023. (eta)
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| COURT'S CERTIFICATE of Service - a copy of #2 HABEAS DEFICIENCY ORDER has been served by First Class Mail to Chun Mei Tong at the address of record on June 21, 2023. A blank Application to Proceed In Forma Pauperis by a Prisoner and a file-stamped copy of the Motion Under 28 U.S.C. 2241 shall be included in the mailing to Petitioner. (eta) |
| Filing 1 Motion Under 28 U.S.C. Section 2241 to Reduce Sentence Due to Change in Law - filed by Chun Mei Tong. (Attachments: #1 Exhibit A, #2 Mailing Documentation)(eta) |
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| Petitioner: Chun Mei Tong | |
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| Respondent: Warden Estela Derr | |
| Represented By: | Natalie Moreland Villalon |
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