Hagg v. Tubbesing
| Brian G. Hagg |
| Tara Tubbesing |
| 5:2021cv06048 |
| April 20, 2021 |
| US District Court for the Western District of Missouri |
| Greg Kays |
| Prisoner Pro Se |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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| Filing 23 CLERK'S JUDGMENT: Petitioner's petitions are denied without prejudice and a certificate of appealability is denied. (Willis, Kathy) |
Filing 22
ORDERED that: (1) having reviewed Petitioner's financial affidavit and supporting documents in both cases, Petitioner is granted leave to proceed in forma pauperis in case no: 21-CV-SJ-06047-DGK-P and Petitioner's motion to proceed in forma pauperis (Doc. #2 ), filed in case no: 21-CV-SJ-06048-DGK-P, is granted; (2) Petitioner's petitions submitted in case no: 21-CV-SJ-06047-DGK-P and case no: 21-CV-SJ-06048-DGK-P are denied without prejudice for the reasons set forth herein; (3) Petitioner's motion for a "temporary restraining order and request for a district court of three judges for a preliminary injunction" (Doc. #5 ), filed in case no: 21-CV-SJ-06047-DGK-P, is denied as being without merit; (4) Petitioner's motion for "insufficiency of process in due process, equal rights and opportunity under law for redress of grievances" (Doc. #4 ), motion for "temporary and preliminary injunction, a district court of three judges" (Doc. #5 ), motion for "temporary preliminary and permanent injunction on the rule or law that forces payment of filing and docket fees" (Doc. #6 ), motion for "redress grievances of equal rights" (Doc. #7 ), and motion for "redress grievance of justice" (Doc. #8 ), filed in case no: 21-CV-SJ-06047-DGK-P, are denied as being without merit; and (5) a certificate of appealability is denied. Signed on 4/23/2021 by District Judge Greg Kays. (Willis, Kathy)
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| Filing 20 CASE TRANSFERRED IN from District of Missouri Eastern; Case Number 4:21-cv-00040. |
| Filing 19 MANDATE of USCA as to #7 Notice of Appeal, filed by Brian G. Hagg USCA #:21-1216 In accordance with the judgment and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. It is ordered by the court that the judgment of the district court is summarily affirmed.(MCB) [Transferred from moed on 4/20/2021.] |
| Filing 18 USCA JUDGMENT as to #7 Notice of Appeal, filed by Brian G. Hagg. Before SHEPHERD, ERICKSON, and STRAS, Circuit Judges. This court has reviewed the original file of the United States District Court. It is ordered by the court that the judgment of the district court is summarily affirmed. See Eighth Circuit Rule 47A(a).Appellant's subsequently filed motions are denied. (MCB) [Transferred from moed on 4/20/2021.] |
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Filing 17
OPINION, MEMORANDUM AND ORDER. This matter comes before the Court on a document filed by petitioner Brian G. Hagg that has been construed as a motion for leave to proceed in forma pauperis on appeal. (Docket No. #16 ). Upon review of the motion, the Court has determined that petitioner is unable to pay the filing fee. See 28 U.S.C. 1915. Therefore, the motion will be granted. Accordingly, IT IS HEREBY ORDERED that petitioner's motion for leave to proceed in forma pauperis on appeal (Docket No. #16 ) is GRANTED. Signed by District Judge Henry Edward Autrey on 3/25/2021. (CBL) [Transferred from moed on 4/20/2021.]
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ORDER RECEIPT: (see receipt) Docket No: 17. Order sent to party not electronically notified this date. Thu Mar 25 10:48:21 CDT 2021 (Long, Carol) [Transferred from moed on 4/20/2021.]
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| Filing 16 MOTION for Leave to Proceed in forma pauperis on Appeal by Petitioner Brian G. Hagg. (MCB) [Transferred from moed on 4/20/2021.] |
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Filing 15
ORDER of USCA as to #7 Notice of Appeal, filed by Brian G. Hagg Regarding: The appellant has failed to pay to the Clerk of the United States District Court the requisite docketing fees or to apply for in forma pauperis status as directed. Accordingly, appellant is directed to show cause, within fourteen (14) days of the date of this order, why this appeal should not be dismissed for failure to prosecute. See Eighth Circuit Rule 3C. USCA Appeal #: 21-1216 (MCB) [Transferred from moed on 4/20/2021.]
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Filing 14
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that petitioner's motion for a temporary restraining order (Docket No. #12 ) is DENIED. Signed by District Judge Henry Edward Autrey on 2/5/2021. (KXS) [Transferred from moed on 4/20/2021.]
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ORDER RECEIPT: (see receipt) Docket No: 14. Fri Feb 5 15:13:44 CST 2021 (Spurgeon, Katherine) [Transferred from moed on 4/20/2021.]
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| Filing 13 SUPPLEMENT to #12 MOTION for Temporary Restraining Order by Petitioner Brian G. Hagg. (KXS) [Transferred from moed on 4/20/2021.] |
| Filing 12 MOTION for Temporary Restraining Order by Petitioner Brian G. Hagg. (EAB) [Transferred from moed on 4/20/2021.] |
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Filing 11
ORDER of USCA as to #7 Notice of Appeal, filed by Brian G. Hagg Regarding: 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. USCA Appeal #: 21-1216 (AAT) [Transferred from moed on 4/20/2021.]
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Filing 10
ORDER of USCA as to #7 Notice of Appeal, filed by Brian G. Hagg Regarding: 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 the district court within 21 days of the date of this order. If appellant does not pay the fee or move for IFP status by February 19, 2021, an order will be entered directing the appellant to show cause why this appeal should not be dismissed for failure to prosecute. USCA Appeal #: 21-1216 (AAT) [Transferred from moed on 4/20/2021.]
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| Filing 9 Initial Notification from USCA for #7 Notice of Appeal, filed by Brian G. Hagg USCA Appeal Number: 21-1216(AAT) [Transferred from moed on 4/20/2021.] |
| Filing 8 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding #6 Order of Transfer to Other District,. Notice of Appeal filed on 1/25/21 by Petitioner Brian G. Hagg. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(JWD) [Transferred from moed on 4/20/2021.] |
| Filing 7 NOTICE OF APPEAL as to #6 Order of Transfer to Other District by Petitioner Brian G. Hagg. Note: plaintiff's name changed from Hogg to Hagg in CM/ECF pursuant to the notation contained in the notice of appeal. (Attachments: #1 Exhibits, #2 Envelope)(KXS) [Transferred from moed on 4/20/2021.] |
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Filing 6
ORDER OF TRANSFER TO OTHER DISTRICT to:IT IS HEREBY ORDERED that the Clerk of Court shall transfer this case to the United States District Court for the Western District of Missouri. See 28 U.S.C. 2241(d).( Case to be transferred after 2/4/2021.). Signed by District Judge Henry Edward Autrey on 1/21/2021. (AAT) [Transferred from moed on 4/20/2021.]
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ORDER RECEIPT: (see receipt) Docket No: 6. Thu Jan 21 15:27:08 CST 2021 (Thompson, Alicia) [Transferred from moed on 4/20/2021.]
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| Filing 5 PRO SE MOTION For Temporary Restraining Order & Request For A District Court of Three Judges For A Preliminary Injunction by Petitioner Brian G. Hogg. (AAT) [Transferred from moed on 4/20/2021.] |
| Filing 4 SUPPLEMENTAL -Petition for Redress of Grievances - re #1 PETITION for Writ of Habeas Corpus by Petitioner Brian G. Hogg. (AAT) [Transferred from moed on 4/20/2021.] |
| Filing 3 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (FLJ) [Transferred from moed on 4/20/2021.] |
| ***Complaint Letter Created. This is to advise you that this office has received and filed your complaint and has assigned it the above-referenced case number. (JWD) [Transferred from moed on 4/20/2021.] |
| ***Complaint Letter Processed (see notice of electronic filing for distribution list) Mon Jan 11 13:01:42 CST 2021 (admin,) [Transferred from moed on 4/20/2021.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Petitioner Brian G. Hogg. (JWD) [Transferred from moed on 4/20/2021.] |
| Filing 1 PETITION for Writ of Habeas Corpus by Petitioner Brian G. Hogg. (Attachments: #1 Table of Contents - Missouri Constitution, #2 Supplemental - Petition for Redress of Grievances, #3 Envelope)(JWD) [Transferred from moed on 4/20/2021.] |
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| Respondent: Tara Tubbesing | |
| Represented By: | Office of Missouri Attorney General - Habeas Division |
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