Davies v. Hawaii Paroling Authority
| Tobius Davies |
| Hawaii Paroling Authority and Shannon Cluney |
| Shelley Harrington and Laurie Nadamoto |
| 1:2023cv00344 |
| August 16, 2023 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| JILL A OTAKE |
| 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 October 4, 2023. A more recent docket listing may be available from PACER.
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| Filing 9 Prisoner Mail Returned as Undeliverable re #7 Order, and #8 Clerk's Judgment. Mail sent to Tobius Davies, A1014982, Halawa Correctional Facility, 99-902 Moanalua Rd, Aiea, HI 96701, returned by USPS - Return to Sender, Unable to Forward. Stamp from facility: FORWARD TO: Saguaro Correctional Ctr., 1252 E. Arica Rd., Eloy, Arizona 85131. Mail re-sent to Tobius Davies at the Saguaro address provided. (jni) |
| Filing 8 CLERK'S JUDGMENT entered on 9/25/2023 pursuant to ECF #7 ORDER DISMISSING AMENDED PETITION AND DENYING CERTIFICATE OF APPEALABILITY. (jni) |
Filing 7
ORDER DISMISSING AMENDED PETITION AND DENYING CERTIFICATE OF APPEALABILITY re #6 - Signed by JUDGE JILL A. OTAKE on 9/25/2023. (1) The Amended Petition is ED, ECF No. 6, is DISMISSED without leave to amend.(2) Any certificate of appealability is DENIED, because "jurists of reason would" not "find it debatable" that dismissal of the Amended Petition is warranted. See Slack v. McDaniel, 529 U.S. 473, 484 (2000).(3) The Clerk is DIRECTED to enter judgment and close this case. (jni)
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| COURT'S CERTIFICATE of Service - a copy of #7 Order, and #8 Clerk's Judgment shall be served by First Class Mail to Tobius Davies at the address of record on 9/25/2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni) |
| Filing 6 AMENDED PETITION UNDER 28 U.S.C. 2241 FOR A WRIT OF HABEAS CORPUS against Shannon Cluney - filed by Tobius Davies. (Attachments: #1 Mailing Envelope)(jni) |
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Filing 5
ORDER TO SHOW CAUSE AND DISMISSING PETITION WITH LEAVE TO AMEND - Signed by JUDGE JILL A. OTAKE on 9/11/2023. (1) The Petition is DISMISSED with leave granted to amend on or before October 11, 2023. Failure to timely file an amended petition that cures the deficiencies noted above will result in dismissal of this action without prejudice.(2) If Davies elects to file an amended petition, he is ORDERED TO SHOW CAUSE why this action should not be dismissed. To show cause, Davies must file an amended petition on court forms that (a) names a proper respondent; and (b) explains the facts, federal bases, and exhaustion of his claims.(3) In the alternative, Davies may NOTIFY the court in writing on or before October 11, 2023, that he is voluntarily dismissing this action. If Davies chooses this option, he may timely file another petition after properly exhausting his claims in state court.(4) The Clerk shall SEND Davies a blank Petition under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody and a blank Prisoner Civil Rights Complaint so that he can comply with the instructions in this Order.Show Cause Response due by 10/11/2023. (jni)
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| COURT'S CERTIFICATE of Service - a copy of #5 Order to Show Cause and Dismissing Petition with Leave to Amend, shall be served by First Class Mail to Tobius Davies at the address of record on 9/11/2023. Additionally, a blank Petition Under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody, with instructions, and a blank Prisoner Civil Rights Complaint form, with instructions are included in the mailing to petitioner. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni) Modified on 9/25/2023 (jni) |
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Filing 4
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re #3 - Signed by JUDGE JILL A. OTAKE on 9/1/2023. (jni)
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| Filing 3 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Petitioner Tobius Davies. (Attachments: #1 Mailing Envelope)(jni) |
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Filing 2
HABEAS DEFICIENCY ORDER re #1 - Signed by CHIEF JUDGE DERRICK K. WATSON on 8/16/2023. (jni)
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| Filing 1 PETITION UNDER 28 U.S.C. 2241 FOR A WRIT OF HABEAS CORPUS - filed by Tobius Davies. (Attachments: #1 Mailing Envelope)(jni) |
| COURT'S CERTIFICATE of Service - filed copies of #1 Petition for Writ of Habeas Corpus, and #2 Habeas Deficiency Order, shall be served by First Class Mail to Tobius Davies at the address of record on the Notice of Electronic Filing (NEF) on 8/17/2023. Additionally, an Application to Proceed in Forma Paupers and its instructions are included in the mailing to Petitioner. (jni) |
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