Hilton v. Akers
| Michael Todd Hilton |
| Daniel Akers |
| 3:2020cv00769 |
| November 16, 2020 |
| US District Court for the Western District of Kentucky |
| Louisville Office |
| H Brent Brennenstuhl |
| Rebecca Grady Jennings |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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This docket was last retrieved on September 30, 2022. A more recent docket listing may be available from PACER.
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Filing 19
MOTION for Extension of Time to File Answer re #1 Petition for Writ of Habeas Corpus,,,, #14 Order Referring Case to Magistrate Judge,,, by Respondent Daniel Akers (Attachments: #1 Proposed Order) (Van De Rostyne, Thomas)
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Filing 18
Return of Service Executed as to Warden-Lee Adjustment Center. (SMJ)
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Filing 17
Return of Service Executed as to Attorney General - KY. (SMJ)
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Filing 16
MOTION to Appoint Counsel by Petitioner Michael Todd Hilton. (Attachments: #1 Exhibit) (SMJ)
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Filing 15
NOTICE of Appearance by Thomas A. Van De Rostyne on behalf of Daniel Akers (Van De Rostyne, Thomas)
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Filing 14
ORDER signed by Judge Rebecca Grady Jennings on 11/17/2020. The Clerk of Court shall forward by certified mail, return receipt requested, one copy of the petition and its attachments (DN 1) and this Order to Respondent and the Attorney General for the Commonwealth of Kentucky. Respondent shall file an answer herein within 40 days from the date of entry of this Order. This matter is referred to Magistrate Judge H. Brent Brennenstuhl for rulings on all non-dispositive motions; for appropriate hearings, if necessary; and for findings of fact, conclusions, and recommendations on any dispositive matter. The Clerk of Court is DIRECTED to mail Petitioner a copy of the Pro Se Prisoner Handbook. cc: Petitioner-pro se (w/ handbook), Respondent (as directed), KY AG (as directed), HBB-CM (SMJ)
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Filing 13
Case Assignment (Random Selection): Case Assigned to Judge Rebecca Grady Jennings. (JM)
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Filing 12
Case transferred in from District of Kentucky Eastern; Case Number 5:20-cv-00428. Original file certified copy of transfer order and docket sheet received. (JM)
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Filing 11
ORDER: 1. Magistrate Judge's REPORT AND RECOMMENDATIONS #8 is APPROVED AND ADOPTED as Court's opinion. 2. Matter be TRANSFERRED to Louisville Div of USDC for WDKY. 3. Matter be stricken from Court's docket. Signed by Judge Henry R. Wilhoit, Jr on 11/16/2020.(GLD)cc: COR and Hilton by US Mail [Transferred from kyed on 11/16/2020.]
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Remark: Docket sheet and NEF have been sent to parties to advise of case transfer information. (JM)
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***FILE SUBMITTED TO CHAMBERS of Judge Henry R. Wilhoit, Jr. for review: #8 REPORT AND RECOMMENDATIONS re #1 Petition for Writ of Habeas Corpus, - NO OBJECTIONS FILED. (GLD) [Transferred from kyed on 11/16/2020.]
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Filing 10
ORDER: denying without prejudice #9 Motion to Appoint Counsel. After the District Judge resolves the transfer question, Hilton may, if and as appropriate, renew his counsel request in the proper court. Signed by Magistrate Judge Matthew A. Stinnett on 11/4/20. (JLM)cc: COR and Michael Todd Hilton by US Mail [Transferred from kyed on 11/16/2020.]
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Filing 9
MOTION to Appoint Counsel by Michael Todd Hilton, pro se, Motions referred to Matthew A. Stinnett. (Attachments: #1 envelope postmarked 10/22/2020)(GLD) [Transferred from kyed on 11/16/2020.]
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***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Matthew A. Stinnett for review: re #9 MOTION to Appoint Counsel by Michael Todd Hilton (GLD) [Transferred from kyed on 11/16/2020.]
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Filing 8
REPORT AND RECOMMENDATIONS re #1 Petition for Writ of Habeas Corpus: Court RECOMMENDS that the District Judge TRANSFER Hiltons pending 2254 petition to the Louisville Division of the Western District of Kentucky for review. The Court directs the parties to 28 U.S.C. 636(b)(1) for appeal rights and mechanics concerning this Recommended Disposition, issued under subsection (B) of the statute. Within fourteen days after being served with a copy of this decision, any party may serve and file specific written objections to any or all findings or recommendations for determination. Signed by Magistrate Judge Matthew A. Stinnett on 10/23/2020.(GLD)cc: COR and Hilton by US Mail [Transferred from kyed on 11/16/2020.]
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Filing 7
ORDER: GRANTING Hilton's #3 Motion for Leave to Proceed in forma pauperis; court DIRECTS the Clerk to refund Hilton's $5.00 payment. Signed by Magistrate Judge Matthew A. Stinnett on 10/19/20. (KJR)cc: COR, Financeand Michael Todd Hilton by US Mail [Transferred from kyed on 11/16/2020.]
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Filing 6
HABEAS Filing fee received - $ 5, receipt number 6008489 (GLD) [Transferred from kyed on 11/16/2020.]
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Filing 5
IMPORTANT NOTICE to Pro Se Filer: Information relating to pro se filings and F.R.Civ.P. 5.2 requiring personal identifiers be partially redacted from documents filed with the court. #Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers.cc: pro se filer via U.S. Mail (Attachments: #1 Sample caption)(GLD) [Transferred from kyed on 11/16/2020.]
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Filing 4
Prisoner Trust Fund Account Statement by Michael Todd Hilton, pro se. (GLD) [Transferred from kyed on 11/16/2020.]
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Filing 3
MOTION for Leave to Proceed in forma pauperis by Daniel Akers, pro se. Motions referred to Matthew A. Stinnett. (GLD) [Transferred from kyed on 11/16/2020.]
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Filing 1
PETITION for Writ of Habeas Corpus (Filing fee $ 5.), filed by Michael Todd Hilton, pro se. (Attachments: #1 Exhibit 1 - Brief (Page number is incorrect), #2 Exhibit 2 - Appeal, #3 Exhibit 3 - Hilton v. Commonwealth, #4 Exhibit 4 - Hardin Circuit Order Denying Motion to Vacate Conviction, #5 Exhibit 5 - Appellant Brief to KY Court of Appeals, #6 Exhibit 6 - Appellant Reply Brief, #7 Exhibit 7 - Hilton v. Commonwealth KY Court of Appeals Opinion, #8 Exhibit 8-Motion for Discretionary Review, KY Supreme Court, #9 Exhibit 9 - KY Supreme Court opinion, #10 Exhibit 10- Hardin Circuit Judgment, #11 Exhibit 11 - Hardin Circuit - Notice of Expert Opinion, #12 Exhibit 12 - Wendy Milliner CV, #13 Exhibit 13 - Hardin Circuit Order 3-18-15, #14 Exhibit 14 - Hardin Circuit Order 6-18-15, #15 Exhibit 15- Brianna Taylor Act, #16 Exhibit 16 - KRS 72.020, #17 Exhibit 17-KRS 72.025, #18 cover letter, #19 Envelope, postmarked 10-8-2020)(GLD) (Additional attachment(s) added on 10/14/2020: #20 Memorandum in Support) (GLD). [Transferred from kyed on 11/16/2020.]
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Conflict Check run. (GLD) [Transferred from kyed on 11/16/2020.]
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***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Matthew A. Stinnett for review: #1 Petition for Writ of Habeas Corpus, ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Matthew A. Stinnett for review: re #3 MOTION for Leave to Proceed in forma pauperis by Daniel Akers (GLD) [Transferred from kyed on 11/16/2020.]
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| Respondent: Daniel Akers | |
| Represented By: | Thomas A. Van De Rostyne |
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| Petitioner: Michael Todd Hilton | |
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