Hermansen v. Valentine
| Eric Lloyd Hermansen |
| Anna Valentine and Andy Beshear |
| 3:2020cv00515 |
| July 20, 2020 |
| U.S. District Court for the Western District of Kentucky |
| Rebecca Grady Jennings |
| Lanny King |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 st |
| None |
Docket Report
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| Document Text |
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| Filing 18 OBJECTIONS to #17 Findings of Fact filed by Eric Lloyd Hermansen. (Attachments: #1 Exhibit - Affidavits) (SMJ) |
| Filing 17 FINDINGS, CONCLUSIONS, AND RECOMMENDATION signed by Magistrate Judge Lanny King on 8/31/2020 re #1 Petition for Writ of Habeas Corpus, #11 MOTION for Default Judgment, #12 MOTION for Sanctions, #13 MOTION to Strike. Therefore, because Petitioner's claims are without merit and he failed to exhaust an available state court remedy, the Magistrate Judge RECOMMENDS that the Court DENY Petitioner's petition, (DN #1 ), and DENY Petitioner's remaining motions, (DN #11 , #12 , #13 ), as moot. Objections to Findings of Fact due by 9/14/2020. cc: Counsel, Petitioner (SMJ) |
Filing 16
ORDER by Judge Rebecca Grady Jennings on 8/26/2020 re #2 MOTION for Leave to Proceed in forma pauperis filed by Eric Lloyd Hermansen, #5 Order on Motion for Leave to Proceed in forma pauperis; DN #2 is denied, petitioner must pay $5 filing fee within 30 days from entry of this order. cc:counsel, petitioner pro se (KJA)
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| Filing 15 NOTICE of Non-Receipt by Eric Lloyd Hermansen re #8 Return of Service. (Attachments: #1 envelope) (SMJ) |
| Filing 14 REPLY re #9 Response, filed by Eric Lloyd Hermansen. (Attachments: #1 Exhibit - articles, #2 envelope) (SMJ) |
| Filing 13 MOTION to Strike #9 Response, by Petitioner Eric Lloyd Hermansen. (Attachments: #1 Exhibit - Certificate, #2 envelope) (SMJ) |
| Filing 12 MOTION for Rule 11(c) Sanctions by Petitioner Eric Lloyd Hermansen. (Attachments: #1 envelope) (SMJ) |
| Filing 11 MOTION for Default Judgment as to Commonwealth of Kentucky by Petitioner Eric Lloyd Hermansen. (Attachments: #1 envelope) (SMJ) |
| Filing 10 Prisoner Trust Fund Account Statement re #2 MOTION for Leave to Proceed in forma pauperis filed by Eric Lloyd Hermansen, by Anna Valentine. (Attachments: #1 Exhibit - copy of Order at DN 5) (SMJ) |
| Filing 9 RESPONSE to re #1 Petition for Writ of Habeas Corpus, #5 Order on Motion to Expedite,,,,,, Order on Motion for Leave to Proceed in forma pauperis,,,,, filed by Andy Beshear, Anna Valentine. (Attachments: #1 Affidavit Cookie Crews, #2 Affidavit Warden Anna Valentine, #3 Exhibit CDC Guidance on Prisons and Jails, #4 Exhibit CDC Guidance on Older Adults and COVID-19, #5 Exhibit CDC Guidance on Other Medical Conditions, #6 Exhibit CDC Scientific Evidence for Conditions that Increase Risk, #7 Proposed Order) (Baylous, Edward) |
| Filing 8 Return of Service Executed as to AG-KY. (SMJ) |
| Filing 7 NOTICE of Filing by Anna Valentine re #5 Order on Motion to Expedite,,,,,, Order on Motion for Leave to Proceed in forma pauperis,,,,, (Attachments: #1 Certified Copy of Hermansen Acct.) (Baylous, Edward) |
| Filing 6 NOTICE of Appearance by Edward A. Baylous, II on behalf of Andy Beshear, Anna Valentine (Baylous, Edward) |
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Filing 5
ORDER Signed by Judge Rebecca Grady Jennings on 7/28/2020. Petitioner's motion to proceed in forma pauperis (DN #2 ) is CONDITIONALLY GRANTED until the required financial information can be obtained. KSR Warden Valentine, or other designated official, shall provide within 14 days a certified statement "showing the amount of money or securities that the [P]etitioner has in any account in the institution." Petitioner's motion to expedite by requiring a two-day response time (DN #3 ) is DENIED. The Clerk of Court shall forward by certified mail, return receipt requested, one copy of the petition (DN #1 ) and this Order on Respondents and the Attorney General for the Commonwealth of Kentucky. Respondents shall file an answer within 10 days from the date of entry of this Order. Petitioner may file a reply no later than 10 days following service of Respondents' answer. This matter is referred to Magistrate Judge Lanny King pursuant to 28 U.S.C. 636(b)(1)(A) & (B) for rulings on all non-dispositive motions; for appropriate hearings, if necessary; and for findings of fact, conclusions of law, and recommendations on any dispositive matter. The Clerk of Court is DIRECTED to send Petitioner a Pro Se Prisoner Handbook along with this Order. cc: Petitioner-pro se (w/ handbook as directed), Respondents & AG-KY (as directed), LLK-CM (SMJ)
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| Magistrate Judge Lanny King added. (SMJ) |
| Filing 4 Case Assignment (Random Selection): Case Assigned to Judge Rebecca Grady Jennings. (SRH) |
| Filing 3 MOTION for Court to Expedite Proceedings by Petitioner Eric Lloyd Hermansen. (SRH) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Petitioner Eric Lloyd Hermansen (SRH) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Eric Lloyd Hermansen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (SRH) |
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