Davidson v. Schmit
| Dean Bryan Davidson |
| David Schmit and David Schmitt |
| 4:2018cv00561 |
| July 23, 2018 |
| US District Court for the Western District of Missouri |
| Kansas City Office |
| Camden |
| Fernando J Gaitan |
| Prisoner Pro Se |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on August 30, 2019. A more recent docket listing may be available from PACER.
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| Filing 25 MANDATE of US COURT OF APPEALS as to #19 Notice of Appeal filed by Dean Bryan Davidson with mandate issued on August 30, 2019. In accordance with the judgment of 07/25/2019, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. (Davies, Cindy) |
| Filing 24 USCA Judgment as to #19 Notice of Appeal filed by Dean Bryan Davidson. This is a preliminary judgment of U.S. Court of Appeals; jurisdiction is not recovered until the Mandate is issued by the U.S Court of Appeals. This appeal comes before the court on appellant's application for a certificate of appealability. The court has carefully reviewed the original file of the district court, and the application for a certificate of appealability is denied. The appeal is dismissed. The motion for appointment of counsel and the motion to proceed on appeal in forma pauperis are denied as moot. (Davies, Cindy) |
Filing 23
ORDER of US COURT OF APPEALS: If the original file of the United States District Court is available for review in electronic format, the court will rely on the electronic version of the record in its review. The appendices required by Eighth Circuit Rule 30A shall not be required. In accordance with Eighth Circuit Local Rule 30A(a)(2), the Clerk of the United States District Court is requested to forward to this Court forthwith any portions of the original record which are not available in an electronic format through PACER, including any documents maintained in paper format or filed under seal, exhibits, CDs, videos, administrative records and state court files. These documents should be submitted within 10 days. (CLERK'S NOTE: All documents pertaining to this case are on CM/ECF. Nothing will be sent to the Court of Appeals.) (Davies, Cindy)
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Filing 22
ORDER of US COURT OF APPEALS: The $505 appellate filing and docketing fee has not been paid and is due. Appellant is directed to either pay the fee in the district court or file a motion for leave to proceed in forma pauperis in this court within 28 days of the date of this order. If appellant does not pay the fee or move for IFP status by April 17, 2019, this appeal will be dismissed for failure to prosecute without further notice. (Davies, Cindy)
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| USCA Case Number from 8th Circuit is 19-1579 for #19 Notice of Appeal filed by Dean Bryan Davidson.(Davies, Cindy) |
| Filing 21 TRANSMISSION of Notice of Appeal Supplement to US Court of Appeals, 8th Circuit via electronic mail. Related document #19 Notice of Appeal. (Davies, Cindy) |
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Filing 20
ORDER: ORDERED that Petitioner is denied leave to appeal in forma pauperis and that the Clerk of the Court electronically forward this case to the United States Court of Appeals for the Eighth Circuit for further processing of Petitioner's appeal. Signed on March 19, 2019 by District Judge Fernando J. Gaitan, Jr. (Davies, Cindy)
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| Filing 19 PETITIONER'S NOTICE OF APPEAL as to #18 Clerk's Judgment filed by Dean Bryan Davidson. (Attachment: #1 COA letter)(Davies, Cindy) |
| Filing 18 CLERK'S JUDGMENT: ORDERED that Petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 is DENIED, and this case is DISMISSED without prejudice. All other pending motions are DENIED as moot. (Davies, Cindy) |
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Filing 17
ORDER: ORDERED that Petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 is DENIED, and this case is DISMISSED without prejudice. All other pending motions are DENIED as moot. Signed on March 8, 2019 by District Judge Fernando J. Gaitan, Jr. (Davies, Cindy)
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| RECEIPT number KCMO075447 in the amount of $5.00 issued to Dean Davidson. (Woods, Gloria) |
| ***Remark: Copy of docket sheet mailed to petitioner upon request for status. (Davies, Cindy) |
| Filing 16 PETITIONER'S MOTION to consolidate cases filed by Dean Bryan Davidson. Suggestions in opposition/response due by 12/27/2018. (Richard, Tracey) |
| Filing 15 PETITIONER'S EXHIBITS filed by Dean Bryan Davidson. (Richard, Tracey) |
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Filing 14
ORDER that Petitioner's motion for appointment of counsel (Doc. #13 ) is denied without prejudice, because it does not yet appear that an evidentiary hearing is required in this matter or that appointment of counsel is required for the fair presentation of Petitioner's claims. See Hoggard v. Purkett, 29 F.3d 469, 471 (8th Cir. 1994) (Where an evidentiary hearing is not required, the district court retains discretion to determine whether counsel should be appointed.). Signed on 12/13/18 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Sholes, Amber)
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| Filing 13 PETITIONER'S MOTION for appointment of counsel filed by Dean Bryan Davidson. Suggestions in opposition/response due by 12/20/2018. (Davies, Cindy) |
| ***Remark: Copy of docket sheet mailed to petitioner upon request. (Davies, Cindy) |
| Filing 12 PETITIONER'S RESPONSE to Doc. #10 filed by Dean Bryan Davidson. (Attachment: #1 Exhibit)(Davies, Cindy) |
| Filing 11 PETITIONER'S STATEMENT filed by Dean Bryan Davidson.(Davies, Cindy) |
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Filing 10
ORDER: ORDERED that Petitioner show cause on or before November 7, 2018, why this action should not be dismissed for failure to comply with this Court's September 17, 2018, Order. Failure to respond will result in the dismissal of this case without further notice. Signed on October 24, 2018 by District Judge Fernando J. Gaitan, Jr. (Davies, Cindy)
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| Filing 9 PETITIONER'S STATEMENT filed by Dean Bryan Davidson.(Davies, Cindy) |
| Filing 8 PETITIONER'S STATEMENT filed by Dean Bryan Davidson. (Richard, Tracey) |
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Filing 7
ORDER that Petitioner file a reply, on or before October 17, 2018, to Respondent's response (Doc. #6 ), or this case may be dismissed without further notice. Signed on 9/17/18 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Sholes, Amber)
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| Filing 6 RESPONSE to order re 5 Order to Show Cause, filed by Caroline M. Coulter on behalf of Respondent David Schmit. (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, #9 Exhibit I, #10 Exhibit J)(Related document(s) 5 ) (Coulter, Caroline) |
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Filing 5
ORDER that (1) Petitioner is granted provisional leave to proceed in forma pauperis; and (2) Respondent show cause why the relief Petitioner requests shall not be granted on or before September 14, 2018. Signed on 8/14/18 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Sholes, Amber)
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| Filing 4 NOTICE of appearance by Caroline M. Coulter on behalf of David Schmit (Attorney Caroline M. Coulter added to party David Schmit(pty:res))(Coulter, Caroline) |
| Filing 2 IFP FINANCIAL AFFIDAVIT filed by Dean Bryan Davidson. (Davies, Cindy) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Dean Bryan Davidson. (Attachment: #1 Exhibit)(Davies, Cindy) |
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