Boyd v. Garrett
Petitioner: Scott Garrnett Boyd
Respondent: Patrick Garrett
Case Number: 3:2023cv00777
Filed: May 26, 2023
Court: US District Court for the District of Oregon
Presiding Judge: Mark D Clarke
Nature of Suit: Prisoner Petitions: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2241 Petition Writ of Habeas Corpus (Federal)
Jury Demanded By: None
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Docket Report

This docket was last retrieved on February 12, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 21, 2023 Filing 26 Supplement to Response to Motion to Dismiss. Filed by Roger James Sanders, Carlos Lee Smith, Scott Garrnett Boyd. (Related document(s): Response to Motion, (18 in 3:23-cv-00777-CL, 18 in 3:23-cv-00779-CL, 19 in 3:23-cv-00775-CL, 18 in 3:23-cv-00778-CL).) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Associated Cases: 3:23-cv-00775-CL, 3:23-cv-00777-CL, 3:23-cv-00778-CL, 3:23-cv-00779-CL (Vandiver, Julie)
July 20, 2023 Opinion or Order Filing 25 ORDER: Granting Respondent's Motion for Extension of Time to Answer (25). The Court stays the answer deadline pending resolution of Respondent's Motions to Dismiss #12 , #23 . Ordered by Magistrate Judge Mark D. Clarke. Associated Cases: 3:23-cv-00775-CL, 3:23-cv-00777-CL, 3:23-cv-00778-CL, 3:23-cv-00779-CL (ki)
July 19, 2023 Filing 24 Motion for Extension of Time to Answer Petition for Writ of Habeas Corpus 2241(1 in 3:23-cv-00775-CL). Filed by Patrick Garrett.Associated Cases: 3:23-cv-00775-CL, 3:23-cv-00777-CL, 3:23-cv-00778-CL, 3:23-cv-00779-CL (McMahon, Eamon)
July 19, 2023 Filing 23 Declaration of Eamon McMahon . Filed by Patrick Garrett. (Related document(s): Motion to Dismiss(22 in 3:23-cv-00777-CL).)Associated Cases: 3:23-cv-00775-CL, 3:23-cv-00777-CL, 3:23-cv-00778-CL, 3:23-cv-00779-CL (McMahon, Eamon)
July 19, 2023 Filing 22 Motion to Dismiss 3:23-CV-00775. Filed by Patrick Garrett.Associated Cases: 3:23-cv-00775-CL, 3:23-cv-00777-CL, 3:23-cv-00778-CL, 3:23-cv-00779-CL (McMahon, Eamon)
July 12, 2023 Opinion or Order Filing 21 ORDER: Denying Petitioners' Motion to Accelerate Briefing Schedule (20). Petitioners have identified no compelling reasons to further expedite briefing on Respondent's Motion to Dismiss. Ordered by Magistrate Judge Mark D. Clarke. Associated Cases: 3:23-cv-00775-CL, 3:23-cv-00777-CL, 3:23-cv-00778-CL, 3:23-cv-00779-CL (ki)
July 12, 2023 Filing 20 Response in Opposition to Motion to Accelerate the Briefing Schedule(20 in 3:23-cv-00775-CL, 19 in 3:23-cv-00777-CL, 19 in 3:23-cv-00778-CL, 19 in 3:23-cv-00779-CL, 19 in 3:23-cv-00779-CL, 19 in 3:23-cv-00777-CL, 19 in 3:23-cv-00778-CL, 20 in 3:23-cv-00775-CL). Filed by Patrick Garrett, Patrick Garrett.Associated Cases: 3:23-cv-00775-CL, 3:23-cv-00777-CL, 3:23-cv-00778-CL, 3:23-cv-00779-CL (McMahon, Eamon)
July 11, 2023 Filing 19 Motion to Accelerate the Briefing Schedule. Filed by Roger James Sanders, Carlos Lee Smith, Scott Garrnett Boyd.Associated Cases: 3:23-cv-00775-CL, 3:23-cv-00777-CL, 3:23-cv-00778-CL, 3:23-cv-00779-CL (Vandiver, Julie)
July 11, 2023 Filing 18 Final Response to Motion to Dismiss (12 in 3:23-cv-00775-CL, 11 in 3:23-cv-00777-CL, 11 in 3:23-cv-00778-CL, 11 in 3:23-cv-00779-CL). Filed by Roger James Sanders, Carlos Lee Smith, Scott Garrnett Boyd. Associated Cases: 3:23-cv-00775-CL, 3:23-cv-00777-CL, 3:23-cv-00778-CL, 3:23-cv-00779-CL (Vandiver, Julie) Modified on 7/12/2023, to correct filers (cw).
July 7, 2023 Opinion or Order Filing 17 ORDER: Granting Respondent's Motion for Extension of Time to Answer #14 . Given the recent developments in these consolidated habeas cases, the Court resets the answer deadline to 7/20/2023 in the lead case (Case No. 3:23-cv-00775-CL) only. With respect to the associated cases (Case Nos. 3:23-cv-00775-CL, 3:23-cv-00777-CL, and 3:23-cv-00779-CL), the Court suspends the answer deadline pending resolution of Respondent's Motion to Dismiss #12 and sets the following expedited briefing schedule: Petitioners' Response to the motion to dismiss is due by 7/19/2023. Respondent's Reply is due by 7/26/2023, at which point the Court will take the motion to dismiss under advisement. Ordered by Magistrate Judge Mark D. Clarke. Associated Cases: 3:23-cv-00775-CL, 3:23-cv-00777-CL, 3:23-cv-00778-CL, 3:23-cv-00779-CL (ki)
July 7, 2023 Filing 16 Amended Response in Opposition to Motion for Extension of Time to Answer Petitions(13 in 3:23-cv-00779-CL, 13 in 3:23-cv-00779-CL, 13 in 3:23-cv-00778-CL, 13 in 3:23-cv-00777-CL, 14 in 3:23-cv-00775-CL). Filed by Jeffrey Michael Applegate, Roger James Sanders, Carlos Lee Smith, Scott Garrnett Boyd. (Attachments: #1 Exhibit A, #2 Exhibit B)Associated Cases: 3:23-cv-00775-CL, 3:23-cv-00777-CL, 3:23-cv-00778-CL, 3:23-cv-00779-CL (Benson, Michael)
July 6, 2023 Filing 15 Response in opposition to Motion for Extension of time (OPPOSITION TO MOTION FOR EXTENSION OF TIME) Motion for Extension of Time to Answer a Complaint/Petition(13 in 3:23-cv-00779-CL). Filed by Jeffrey Michael Applegate, Roger James Sanders, Carlos Lee Smith, Scott Garrnett Boyd. (Attachments: #1 Exhibit A, #2 Exhibit B)Associated Cases: 3:23-cv-00775-CL, 3:23-cv-00777-CL, 3:23-cv-00778-CL, 3:23-cv-00779-CL (Benson, Michael) Modified on 7/7/2023 to correct event and docket text (dsg).
July 5, 2023 Filing 14 Declaration of Eamon McMahon . Filed by Patrick Garrett, Patrick Garrett. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition(13 in 3:23-cv-00779-CL, 13 in 3:23-cv-00778-CL, 14 in 3:23-cv-00775-CL, 13 in 3:23-cv-00777-CL).) (Attachments: #1 Exhibit 1)Associated Cases: 3:23-cv-00775-CL, 3:23-cv-00777-CL, 3:23-cv-00778-CL, 3:23-cv-00779-CL (McMahon, Eamon)
July 5, 2023 Filing 13 Motion for Extension of Time to Answer Petitions. Filed by Patrick Garrett, Patrick Garrett.Associated Cases: 3:23-cv-00775-CL, 3:23-cv-00777-CL, 3:23-cv-00778-CL, 3:23-cv-00779-CL (McMahon, Eamon)
July 5, 2023 Filing 12 Declaration of Eamon McMahon . Filed by Patrick Garrett, Patrick Garrett. (Related document(s): Motion to Dismiss(11 in 3:23-cv-00777-CL, 11 in 3:23-cv-00778-CL, 12 in 3:23-cv-00775-CL, 11 in 3:23-cv-00779-CL).) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Associated Cases: 3:23-cv-00775-CL, 3:23-cv-00777-CL, 3:23-cv-00778-CL, 3:23-cv-00779-CL (McMahon, Eamon)
July 5, 2023 Filing 11 Motion to Dismiss . Filed by Patrick Garrett, Patrick Garrett.Associated Cases: 3:23-cv-00775-CL, 3:23-cv-00777-CL, 3:23-cv-00778-CL, 3:23-cv-00779-CL (McMahon, Eamon)
June 29, 2023 Filing 10 Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
June 12, 2023 Opinion or Order Filing 9 ORDER: Currently, there is partial consent to proceed before a U.S. Magistrate Judge in this case. In light of Petitioners' request for expedited consideration, the Court advises that if the non-consenting party would like to consent to proceed before a U.S. Magistrate Judge, the consent form may be found on the Court's website at ord.uscourts.gov/civil-forms. It may be filed electronically by using the Consent event under Other Filings/Consent on the Civil menu or delivered to the Clerk's Office by mail or in person. For more information regarding the role of magistrate judges and consenting to magistrate judge jurisdiction, see ord.uscourts.gov/consent. The parties are free to withhold consent without adverse substantive consequences. Consent to Jursidiction by a Magistrate Judge, if any, is to be filed by 6/30/2023. Ordered by Magistrate Judge Mark D. Clarke.Associated Cases: 3:23-cv-00775-CL, 3:23-cv-00777-CL, 3:23-cv-00778-CL, 3:23-cv-00779-CL (ki)
June 9, 2023 Opinion or Order Filing 8 CONSOLIDATION ORDER: The Court thus ORDERS Respondent to file a response to the petition, addressing whether the correct respondent is named in each of the consolidated cases, exhaustion of available state remedies, Younger abstention, and any other issues relevant to the instant petitions, by July 7, 2023. Petitioners must then file a reply by July 21, 2023, at which time the petition shall go under advisement. Signed on 6/9/2023 by Magistrate Judge Mark D. Clarke. Associated Cases: 3:23-cv-00775-CL, 3:23-cv-00777-CL, 3:23-cv-00778-CL, 3:23-cv-00779-CL (dsg)
June 8, 2023 Filing 7 Notice re Habeas,,,,, 6 Filed by Scott Garrnett Boyd. (Related document(s): Habeas,,,,, 6 .) (Attachments: #1 Attachment Appointment Order) (Lee, Peyton)
June 7, 2023 Opinion or Order Filing 6 ORDER: This habeas case was filed on Petitioner's behalf by the Federal Public Defender, who, according to the Petition, was appointed by the United States District Court of Oregon by letter on May 25, 2023. The FPD did not attach the letter appointing counsel to the Petition, however, and there otherwise is no judicial finding on the record that the interests of justice require appointment. See 18 U.S.C. 3006A(a)(2)(B). Accordingly, Petitioner must provide the letter to the Court or move to appoint counsel, explaining why the interests of justice would be served by appointment in this case, by the close of business on 6/9/2023. In addition, the Court notes that it has specific procedures for managing habeas cases, including screening the petition prior to service. These procedures notwithstanding, it appears counsel for Petitioner forwarded a notice of lawsuit and request for waiver of service to Respondent before the Court was able to screen the petition. Because counsel already has appeared and waived service on behalf of Respondent, the Court strikes all deadlines for Respondent to file an answer or other responsive pleading pending screening of the Petition and further order of the Court. Ordered by Magistrate Judge Mark D. Clarke. (ki)
June 7, 2023 Filing 5 Waiver of Service of Summons. Filed by Patrick Garrett. (McMahon, Eamon)
June 7, 2023 Filing 4 Notice of Appearance of Eamon P. McMahon appearing on behalf of Patrick Garrett. Filed by on behalf of Patrick Garrett. (McMahon, Eamon)
May 30, 2023 Filing Fee in amount of $5.00 collected; Receipt No. 102778 issued. (fp)
May 30, 2023 Filing 3 Notice of Case Reassignment: This case has been reassigned from Magistrate Judge John Jelderks to Magistrate Judge Mark D. Clarke. (eo)
May 30, 2023 Filing 2 Notice of Case Assignment: This case is assigned to Magistrate Judge John Jelderks. (eo)
May 26, 2023 Filing 1 Petition for Writ of Habeas Corpus (2241- Federal). Filed by Scott Garrnett Boyd against Patrick Garrett (Attachments: #1 Civil Cover Sheet). (eo)

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Petitioner: Scott Garrnett Boyd
Represented By: Peyton Elizabeth Lee
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Respondent: Patrick Garrett
Represented By: Eamon P. McMahon
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