Sutton v. Quintana
Petitioner: Gary E. Sutton
Respondent: Francisco Quintana
Case Number: 1:2018cv00183
Filed: July 24, 2018
Court: US District Court for the Eastern District of Missouri
Office: Cape Girardeau Office
County: Within US but Outside District
Presiding Judge: Rodney W Sippel
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2241
Jury Demanded By: None
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Docket Report

This docket was last retrieved on December 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 24, 2018 Filing 37 Case transferred in from District of Kentucky Eastern; Case Number 5:16-cv-00274. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically.
July 24, 2018 Opinion or Order Filing 36 ORDER, 1. Warden Quintana's motion to transfer this action pursuant to 28 U.S.C. 1404(a) #29 is GRANTED. 2. The Clerk of the Court shall TRANSFER this action to the Cape Girardeau Division of the United States District Court for the Eastern District of Missouri, referencing Case No. 1:06-CR-52-RWS-1 (E.D. Mo. 2006), for all further proceedings. 3. This matter is STRICKEN from the active docket of the Court. Signed by Judge Karen K. Caldwell on 7/24/2018.(STC)cc: COR,Petitioner
July 24, 2018 Case Opening Notification: Judge Assigned: U.S. District Judge Rodney W. Sippel. (CSG)
July 13, 2018 Filing 35 PETITIONER'S SUPPLEMENT to #28 Response to Habeas Petition and #29 Motiont o Transfer to the Eastern District of Missouri filed by Gary E. Sutton, pro se. (Attachments: #1 Envelope postmarked July 9 2018)(STC)
July 6, 2018 Filing 34 RESPONSE to Motion re #29 MOTION for Order by Francisco Quintana to Transfer to Eastern District of Missouri filed by Gary E. Sutton, pro se. Filed Per Order #32 . (GLD)
July 6, 2018 Filing 33 REPLY to Petition #1 filed by Gary E. Sutton, pro se. Filed Per Order #32 (GLD)
July 6, 2018 Opinion or Order Filing 32 ORDER: 1. Sutton's #31 MOTION for Extension of Time to File Response/Reply as to #28 RESPONSE is GRANTED. 2. Clerk shall FILE Sutton's tender Reply into the record. Signed by Judge Karen K. Caldwell on 7/6/2018.(GLD)cc: COR, Pro se petitioner
July 6, 2018 ***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #1 Petition for Writ of Habeas Corpus (GLD)
July 3, 2018 Filing 31 MOTION for Extension of Time to File Out-of-Time Reply to #28 Response by Gary E. Sutton, pro se. Motions referred to PSO. (Attachments: #1 Reply to Motion to the Government's Response to Habeas Petition, and Motion to Transfer the Case to teh Eastern District of Missouri, #2 Envelope with illegible postmark)(KM)
July 3, 2018 ***MOTION SUBMITTED TO PSO for review: re #31 MOTION for Extension of Time to File Response/Reply as to #28 RESPONSE, by Gary E. Sutton (KM)
June 25, 2018 ***FILE SUBMITTED TO PSO for review: #30 Order - NO response. (KJR)
May 24, 2018 Opinion or Order Filing 30 ORDER: It is ORDERED as follows: 1. Quintana's #26 Motion to file Sutton's PSR under seal is GRANTED. The Clerk of Court shall maintain the PSR #27 UNDER SEAL pending further Order of the Court; 2. Within 14 days, Quintana must either (1) file a certificate indicating that he has served the PSR upon Sutton; (2) file a motion & supporting legal brief to be relieved of his obligation to do so; or (3) file a response indicating that Sutton will be provided access to his PSR pursuant to BOP Program Statement 5800-17; 3. Within 28 days, Sutton shall FILE a reply in support of his petition & a response to Warden Quintana's motion to transfer this action to Missouri #29 . The matter will then stand submitted for decision.. Signed by Judge Karen K. Caldwell on 5/24/2018.(KM)cc: COR, Pltf via U.S. mail
May 22, 2018 ***MOTION SUBMITTED TO PSO for review: re #26 MOTION for leave to Seal a Document by Francisco Quintana, #29 MOTION for Order by Francisco Quintana to Transfer to Eastern District of Missouri (KJR)
May 21, 2018 Filing 29 MOTION for Order by Francisco Quintana to Transfer to Eastern District of Missouri Motions referred to P SO. (Attachments: #1 Exhibit 1-Docket from ED Missouri, #2 Exhibit 2-Sentencing Hearing 12 14 16, #3 Exhibit 3-Record (2d Degree Murder 7 26 92_Redacted), #4 Exhibit 4-Record (Assault 141FX_Redacted), #5 Exhibit 5-Record (Robbery 142FX_Redacted)_Redacted, #6 Exhibit 6-Record (Burglary 293FX_Redacted), #7 Exhibit 7-R. 47 of 1 08-cv-175-RWS Mem Op & Order, #8 Proposed Order)(Gentry, Thomas)
May 21, 2018 Filing 28 RESPONSE to #1 Petition filed by Francisco Quintana. (Attachments: #1 Exhibit 1-Docket from ED Missouri, #2 Exhibit 2-Sentencing Hearing 12 14 16, #3 Exhibit 3-Record (2d Degree Murder 7 26 92_Redacted), #4 Exhibit 4-Record (Assault 141FX_Redacted), #5 Exhibit 5-Record (Robbery 142FX_Redacted)_Redacted, #6 Exhibit 6-Record (Burglary 293FX_Redacted), #7 Exhibit 7-R. 47 of 1 08-cv-175-RWS Mem Op & Order, #8 Proposed Order)(Gentry, Thomas)
May 21, 2018 Filing 27 SEALED DOCUMENT Sealed pursuant to MOTION TO SEAL re #26 MOTION for leave to Seal a Document by Francisco Quintana by Francisco Quintana (Gentry, Thomas)
May 21, 2018 Filing 26 MOTION for leave to Seal a Document by Francisco Quintana Motions referred to P SO. (Attachments: #1 Proposed Order)(Gentry, Thomas)
April 23, 2018 Opinion or Order Filing 25 ORDER: DENYING AS MOOT Sutton's #24 Motion Request for an order Allowing the Government to Concede on the Merits of the 2241 before the 60-day period to respond. Signed by Judge Karen K. Caldwell on 4/23/18. (KJR)cc: COR, Sutton (US Mail)
April 18, 2018 Filing 24 MOTION request for an order allowing the Government to concede on the merits of the 2241 before the 60 day period to respond by Gary E. Sutton (pro se). Motions referred to P SO. (Attachments: #1 env postmarked 4/14/18)(KJR)
April 18, 2018 ***MOTION SUBMITTED TO PSO for review: re #24 MOTION for Order by Gary E. Sutton (KJR)
March 22, 2018 Filing 23 RETURN of Service by USM re #22 Order served on 3/20/18 by certified mail upon USA. (KJR)
March 19, 2018 Opinion or Order Filing 22 ORDER: (1) Clerk shall send a copy of the petition & this order by certified mail to Respondent Warden Francisco Quintana & USA for EDKY; (2) Respondent shall file a response to the petition within 60 days; (3) Respondent shall also include any documentary evidence relevant to either the petitioner's claims or the Respondent's response thereto as attachments; this shall include a thorough & complete record of Sutton's prior offenses used to determine his criminal history & to enhance his sentence. Signed by Judge Karen K. Caldwell on 3/19/18.(KJR)cc: COR, Respondent, USA, (Certified Mail), Sutton (US Mail)
January 12, 2018 Filing 21 Letter from Gary Sutton (pro se). (Attachments: #1 env postmarked1/9/18) (KJR)
January 8, 2018 Opinion or Order Filing 20 Order from 6CCA DENYING Gary Sutton's writ of mandamus & DENYING as moot Sutton's motion to proceed IFP. (Attachments: #1 cover ltr)(KJR)
November 20, 2017 Filing 19 Letter to Gary Sutton from 6CCA regarding the filing fee for his petition for writ of mandamus; case number 17-6371; (Attachments: #1 Writ of Mandamus) (KJR)
October 17, 2017 Opinion or Order Filing 18 ORDER: (1) GRANTING Petitioner's #17 Motion requesting clarification of the status of case & to Expedite; (2) the court will endeavor to address Sutton's petition as promptly as circumstances allow, but cannot provide Sutton with a specific date when an opinion will issue. Signed by Judge Karen K. Caldwell on 10/17/17. (KJR)cc: COR, Sutton (US Mail)
October 16, 2017 Filing 17 MOTION to Request Clarification and to Expedite Proceedings by Gary E. Sutton, pro se. Motions referred to P SO. (Attachments: #1 Sixth Circuit Order filed 6/12/17, #2 Envelope postmarked 10/12/17)(GLD)
October 16, 2017 ***MOTION SUBMITTED TO Pro Se for review: re #17 MOTION to Expedite Proceedings by Gary E. Sutton (GLD)
September 5, 2017 Filing 16 MANDATE of USCA as to #7 Notice of Appeal filed by Gary E. Sutton - District Court decision is VACATED. GRANTING Sutton's motion to take judicial notice of Bess, and REMAND the case to the District Court for further proceedings. (Attachments: #1 cover ltr)(KJR)
September 5, 2017 ***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #16 USCA Mandate, (KJR)
July 12, 2017 Filing 15 INFORMATION COPY OF ORDER/JUDGMENT of USCA as to #7 Notice of Appeal filed by Gary E. Sutton - District Court decision is VACATED. GRANT Sutton's motion to take judicial notice of Bess, and REMAND the case to the District Court for further proceedings (Attachments: #1 Cover Letter - Mandate to Issue)(LC)
November 15, 2016 Filing 14 APPEAL Filing fee received - $ 55, receipt number 5021771 (LC)
November 15, 2016 ***FILE SUBMITTED TO PSO for review: #14 Filing Fee Received (LC)
October 25, 2016 Opinion or Order Filing 13 ORDER: Petitioner's motion to waive payment of the appellate filing fee #11 is GRANTED IN PART. Sutton shall pay $50.00 within 28 days in full satisfaction of the appellate filing fee. 2. The Clerk of the Court shall forward a copy of this Order to 6CCA. Signed by Judge Karen K. Caldwell on 10/25/2016. (LC)cc: COR, 6CCA, Petitioner via US Mail
October 20, 2016 Filing 12 Prisoner Trust Fund Account Statement by Gary E. Sutton. (pro se) (LC)
October 20, 2016 Filing 11 MOTION for Leave to Appeal in forma pauperis by Gary E. Sutton (pro se)Motions referred to P SO. (Attachments: #1 Envelope no postmark)(LC)
October 20, 2016 ***MOTION SUBMITTED TO PSO for review: re #11 MOTION for Leave to Appeal in forma pauperis by Gary E. Sutton (LC)
October 13, 2016 USCA Case Number 16-6534, Case Manager Linda M. Niesen for #7 Notice of Appeal filed by Gary E. Sutton. (AWD)
October 11, 2016 Opinion or Order Filing 10 ORDER: 1. Sutton's Motion seeking a waiver of the appellate filing fee #8 is DENIED WITHOUT PREJUDICE. 2. The Clerk of the Court shall send Sutton a Motion to Proceed In Forma Pauperis on Appeal and Affidavit [EDKY Form 522] and a Certificate of Inmate Account [EDKY Form 523]. 3. Sutton must either pay the $505 filing fee or have prison staff complete the form EDKY 523, complete himself the motion form EDKY 522 and file both documents with the Court. 4. Sutton must complete these steps with twenty-eight days, or the Sixth Circuit will dismiss the appeal for failure to prosecute. 5. The Clerk of the Court shall forward a copy of this Order to the Clerk of the Court of Appeals for the Sixth Circuit. Signed by Judge Karen K. Caldwell on 10/11/2016. (Attachments: #1 EDKY 523, #2 EDKY 522)(LC)cc: COR, Sutton w/EDKY 523 and EDKY 522 via US Mail
October 7, 2016 Filing 9 Prisoner Trust Fund Account Statement by Gary E. Sutton.(pro se) (LC)
October 7, 2016 Filing 8 MOTION for Leave to Appeal in forma pauperis by Gary E. Sutton (pro se)Motions referred to P SO. (LC)
October 7, 2016 Filing 7 NOTICE OF APPEAL as to #5 Memorandum Opinion & Order, #6 Judgment, by Gary E. Sutton. (pro se) cc: COR, 6CCA, Pro se Plaintiff w/attested copy of docket sheet. (Attachments: #1 Envelope no postmark)(LC)
October 7, 2016 ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #8 MOTION for Leave to Appeal in forma pauperis by Gary E. Sutton (LC)
September 2, 2016 Filing 6 JUDGMENT: 1) Judgment is entered in favor of Respondent Francisco Quintana. 2) This action is DISMISSED and STRICKEN from the Court's docket. 3) This is a FINAL and APPEALABLE Judgment and there is no just cause for delay. Signed by Judge Karen K. Caldwell on 9/2/2016.(SCD)cc: Pro Se Petitioner via US Mail
September 2, 2016 Opinion or Order Filing 5 MEMORANDUM OPINION & ORDER: 1) #1 Petition for Writ of Habeas Corpus is DENIED. 2) Action is DISMISSED and STRICKEN from the Court's docket. 3) Judgment shall be entered w this Memo Opinion and Order. Signed by Judge Karen K. Caldwell on 9/2/2016.(SCD)cc: Pro Se Petitioner via US Mail
July 29, 2016 Filing 4 Writ of Habeas Corpus Filing fee received - $ 5, receipt number 5020818 (LC)
July 29, 2016 ***FILE SUBMITTED TO PSO for review: #4 Filing Fee Received (LC)
July 28, 2016 Opinion or Order Filing 3 ORDER: 1. The Clerk of the Court shall send Sutton an Affidavit of Assets AO 240 and a Certificate of Inmate Account EDKY 523. 2. Sutton must either pay the $5 filing fee or have the forms certified by prison staff and file them with the Court. 3. Sutton must take these steps within 21 days, or the petition will be denied without prejudice for failure to prosecute. Signed by Judge Karen K. Caldwell on 07/28/2016. (Attachments: #1 AO 240, #2 EDKY 523)(LC)cc: COR, Petitioner w/AO240 and EDKY523 via US Mail
July 27, 2016 Filing 1 PETITION for Writ of Habeas Corpus filed by Gary E. Sutton. (pro se) (Attachments: #1 Memorandum in Support, #2 envelope postmarked 7/25/16)(LC)
July 27, 2016 Conflict Check run. (LC)
July 27, 2016 IMPORTANT NOTICE - PRIVACY RULES and REDACTION POLICY: F.R.Civ.P. 5.2 requires that personal identification information must 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: COR (LC)
July 27, 2016 ***FILE SUBMITTED TO PSO for review: #1 Petition for Writ of Habeas Corpus no filing fee received (LC)

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Respondent: Francisco Quintana
Represented By: Thomas Lee Gentry
Represented By: Tiffany G. Becker
Represented By: Keith D. Sorrell
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Petitioner: Gary E. Sutton
Represented By: Jennifer L. Booth
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