McCartney v. Strid
| Rick L McCartney |
| Myles Strid |
| 6:2022cv03266 |
| October 11, 2022 |
| U.S. District Court for the Western District of Missouri |
| M Douglas Harpool |
| Prisoner Pro Se |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Filing 17 CLERK'S JUDGMENT: This case is DISMISSED as barred by the statute of limitations set forth in 28 U.S.C. 2244(d) and a certificate of appealability is DENIED. (Willis, Kathy) |
Filing 16
ORDERED that: (1) this case is DISMISSED as barred by the statute of limitations set forth in 28 U.S.C. 2244(d); and (2) a certificate of appealability is DENIED; and (3) Petitioner's "Motion for a Preliminary Injunction/Prospective Relief" (Doc. #14 ), is DENIED as moot. Signed on 12/8/2022 by District Judge M. Douglas Harpool.
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| Filing 15 SUGGESTIONS in opposition re #14 MOTION for preliminary injunction filed by Michael Joseph Spillane on behalf of Respondent Myles Strid. Reply suggestions due by 12/21/2022 unless otherwise directed by the court. (Related document(s) #14 ) (Spillane, Michael) |
| Filing 14 PETITIONER'S MOTION for Preliminary Injunction/Prospective Relief filed by Rick L McCartney. Suggestions in opposition/response due by 12/15/2022. (Attachment: #1 Exhibits)(Willis, Kathy) |
| Filing 13 PETITIONER'S SUPPLEMENT TO REPLY (Doc. #12 ) filed by Rick L McCartney.(Willis, Kathy) |
| Filing 12 PETITIONER'S REPLY to Respondent's Response (Doc. #9 ) filed by Rick L McCartney. (Attachments: #1 Affidavit, #2 Exhibits) (Related document 10 ) (Willis, Kathy) |
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Filing 11
ORDER that Petitioner's motion for appointment of counsel (Doc. #3 ) is DENIED without prejudice. Signed on 11/15/2022 by District Judge M. Douglas Harpool. (Willis, Kathy)
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Filing 10
ORDER that Petitioner file his reply to Respondent's Response (Doc. #9 ), on or before November 29, 2022, or this case will be dismissed without further notice. Signed on 11/15/2022 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
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| Filing 9 RESPONSE TO ORDER TO SHOW CAUSE by Myles Strid. (Attachments: #1 Exhibit 1 PCR 1 Legal File, #2 Exhibit 2 PCR 1 Supplemental Legal File, #3 Exhibit 3 PCR 1 Appellant's Brief, #4 Exhibit 4 PCR 1 Respondent's Brief, #5 Exhibit 5 PCR 1 Appellant's Reply Brief, #6 Exhibit 6 PCR 1 Appeal Opinion, #7 Exhibit 7 PCR 1 Appeal Mandate, #8 Exhibit 8 PCR 2 Transcript, #9 Exhibit 9 PCR 2 Legal File, #10 Exhibit 10 PCR 2 Appellant's Brief, #11 Exhibit 11 PCR 2 Respondent's Brief, #12 Exhibit 12 PCR 2 Appeal Opinion, #13 Exhibit 13 PCR 2 Appeal Mandate, #14 Exhibit 14 - 21-0068 Motion for Extension of Time to File 2254 Petition, #15 Exhibit 15 - 21-0068 Original Filing Form, #16 Exhibit 16 Envelope, #17 Exhibit 17 - 21-6820 Doc. 4 Opinion, #18 Exhibit 18-21-6820 Doc. 6 Amended Opinion)(Spillane, Michael) |
| Filing 8 NOTICE of appearance by Michael Joseph Spillane on behalf of Myles Strid (Attorney Michael Joseph Spillane added to party Myles Strid(pty:res))(Spillane, Michael) |
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Filing 7
ORDERED that: (1) Petitioner is granted provisional leave to proceed in forma pauperis; and (2) Respondent answer Petitioner's allegations and show cause on or before NOVEMBER 14, 2022, why the relief Petitioner seeks should not be granted. Signed on 10/14/2022 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
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| Filing 6 CASE TRANSFERRED IN from District of Missouri Eastern; Case Number 2:22-cv-00067. |
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Filing 5
MEMORANDUM AND ORDER OF TRANSFER: IT IS HEREBY ORDERED that Petitioner's motion for leave to proceed in forma pauperis (ECF No. #2 ) is PROVISIONALLY GRANTED, subject to modification by the United States District Court for the Western District of Missouri. IT IS FURTHER ORDERED that the Clerk shall transfer this case to the United States District Court for the Western District of Missouri. (Case to be transferred after 10/3/2022.) Signed by District Judge Ronnie L. White on 9/19/2022. (TMT) [Transferred from moed on 10/14/2022.]
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ORDER RECEIPT: (see receipt) Docket No: 5. Mon Sep 19 09:52:37 CDT 2022 (Tillman, Tiffani) [Transferred from moed on 10/14/2022.]
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| Filing 4 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. (Potter, Jacob) [Transferred from moed on 10/14/2022.] |
| Filing 3 MOTION to Appoint Counsel by Petitioner Rick L. McCartney. (JDC) [Transferred from moed on 10/14/2022.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Petitioner Rick L. McCartney. (JDC) [Transferred from moed on 10/14/2022.] |
| Filing 1 PETITION for Writ of Habeas Corpus by Petitioner Rick L. McCartney. (Attachments: #1 Original Filing Form, #2 Exhibit Amended State Motion, #3 Exhibit Postconviction Questions, #4 Envelope)(JDC) [Transferred from moed on 10/14/2022.] |
| ***Complaint Letter Processed (see notice of electronic filing for distribution list) Fri Sep 16 17:01:21 CDT 2022 (admin,) [Transferred from moed on 10/14/2022.] |
| ***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. (JDC) [Transferred from moed on 10/14/2022.] |
| Case Opening Notification. Judge Assigned: Honorable David D. Noce. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. (JDC) [Transferred from moed on 10/14/2022.] |
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| Petitioner: Rick L McCartney | |
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| Respondent: Myles Strid | |
| Represented By: | Michael Joseph Spillane |
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