Martinez v. Hawaii Paroling Authority
| Marshall Martinez |
| Hawaii Paroling Authority |
| Litigation Coordinator, State of Hawaii |
| 1:2023cv00411 |
| October 3, 2023 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| KENNETH J MANSFIELD |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on November 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 8 EO: Before the Court is Petitioners Motion to Dismiss 2241 Petition Without Prejudice [ECF No. 7]. On October 30, 2023, the Court issued an Order Dismissing Petition and Denying Certificate of Appealability [ECF No. 5]. Judgment was entered the same day [ECF No. 6]. The Court explicitly stated in its Order that the Petition was dismissed without prejudice. Thus, Petitioner's current Motion [ECF No. 7] is DISMISSED as moot. This case remains closed. (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 7 MOTION to Dismiss 2241 Petition Without Prejudice; Certificate of Service attached - by Petitioner Marshall Martinez (Attachments: #1 Mailing Documentation)(eta) |
| Filing 6 CLERK'S JUDGMENT entered on 10/30/2023 pursuant to ECF No. #5 . (eta) |
Filing 5
ORDER DISMISSING PETITION AND DENYING CERTIFICATE OF APPEALABILITY re #1 - Signed by JUDGE LESLIE E. KOBAYASHI on 10/30/2023. (1) The Petition is DISMISSED without prejudice because Martinez failed to name a proper respondent, and he has not exhausted his claims. (2) Any request for a certificate of appealability is DENIED. (3) The Clerk of Court SHALL enter judgment and close this case. (eta)
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| COURT'S CERTIFICATE of Service - a copy of #5 ORDER DISMISSING PETITION AND DENYING CERTIFICATE OF APPEALABILITY and #6 Clerk's Judgment shall be served by First Class Mail to Marshall Martinez at the address of record on October 31, 2023. (eta) |
| Filing 4 Petitioner's RESPONSE to Respondent's Order to Show Cause and Dismissing Petition with leave to Amend re #3 - filed by Marshall Martinez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service, #5 CD - Parole Hearing, 6/16/2023, #6 Mailing Documentation) The CD re the June 16, 2023 Parole Hearing is retained by the Clerk's Office. (eta) |
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Filing 3
ORDER TO SHOW CAUSE AND DISMISSING PETITION WITH LEAVE TO AMEND re #1 - Signed by JUDGE LESLIE E. KOBAYASHI on 10/5/2023. (1) The Petition is DISMISSED with leave granted to amend on or before November 6, 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 Martinez elects to file an amended petition, he is ORDERED TO SHOW CAUSE why this action should not be dismissed. To show cause, Martinez 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, Martinez may NOTIFY the court in writing on or before November 6, 2023, that he is voluntarily dismissing this action. If Martinez chooses this option, he may timely file another petition after properly exhausting his claims in state court. (4) The Clerk shall SEND Martinez 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 11/6/2023. (eta)
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| COURT'S CERTIFICATE of Service - a copy of #3 ORDER TO SHOW CAUSE AND DISMISSING PETITION WITH LEAVE TO AMEND has been served by First Class Mail to Marshall Martinez at the address of record on October 5, 2023. A blank Petition under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody shall be included in the mailing to Petitioner. (eta) |
| Filing 2 Filing fee: $ 5, receipt number 1461 re #1 Petition for Writ of Habeas Corpus (cgc) |
| Filing 1 PETITION Under 28 U.S.C. 2241 for a Writ of Habeas Corpus - filed by Marshall Martinez. (Attachments: #1 Exhibit "A" thru Exhibit "N-1", #2 Mailing Documentation)(cgc) |
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