Betschart et al v. Garrett
| Walter Betschart, Joshua Shane Bartlett, Caleb Aiona, Tyrik Dawkins, Joshua James-Richards, Taniela Kini Kin Latu, Richard Owens, Leon Michael Polaski, Alex Sarat Xotoy and Timothy Wilson |
| Sheriff Patrick Garrett, Washington County Circuit Court Judges and State of Oregon |
| 3:2023cv01097 |
| July 27, 2023 |
| U.S. District Court for the District of Oregon |
| Portland (3) Office |
| Mark D Clarke |
| Prisoner Petitions: Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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Filing 59
Order from USCA for the 9th Circuit, USCA # 23-2270 re Notice of Appeal #50 . When the notice of appeal was filed, a timely motion listed in Federal Rule of Appellate Procedure 4(a)(4) was pending in the district court. Appellate proceedings are therefore held in abeyance until the district court decides the pending motion. See Fed. R. App. P. 4(a)(4); Leader Nat'l Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994) (notice of appeal becomes effective when timely tolling motions resolved). Within 14 days after the district courts ruling on the pending motion, appellants must notify this court of the ruling and must state whether they intend to prosecute this appeal. To challenge the district court's ruling on the motion, appellants must file an amended notice of appeal within the time set by Federal Rule of Appellate Procedure 4. The Clerk will serve this order on the district court. (ecp)
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Filing 58
ORDER: Granting Joint Motion for Extension of Time titled Joint Motion to Revise Scheduling Order #56 . Extensions are made as specified in this Motion #56 . Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 57
Declaration of James M. Aaron in Support of Joint Motion to Revise Scheduling Order. Filed by Washington County Circuit Court Judges, State of Oregon. (Related document(s): Motion for Extension of Time #56 .) (Aaron, James)
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Filing 56
Joint Motion for Extension of Time titled Joint Motion to Revise Scheduling Order. Filed by Washington County Circuit Court Judges, State of Oregon. (Aaron, James)
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USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #50 . Case Appealed to Ninth Circuit Court of Appeals Case Number 23-2270 assigned. (ecp)
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Filing 55
Exhibits - PART B re Response to Amended Habeas Petition (2241), #52 . Filed by Washington County Circuit Court Judges, State of Oregon. (Attachments: #1 Exhibit 1 of 2, #2 Exhibit 2 of 2) (Aaron, James)
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Filing 54
Exhibits - PART A re Response to Amended Habeas Petition (2241), #52 . Filed by Washington County Circuit Court Judges, State of Oregon. (Attachments: #1 Exhibit 1 of 1) (Aaron, James)
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Filing 53
Motion to Dismiss . Filed by Washington County Circuit Court Judges. (Aaron, James)
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Filing 52
Response to #18 Amended Petition for Writ of Habeas Corpus (2241), . Filed by State of Oregon, Washington County Circuit Court Judges. Petitioners brief is due by 11/14/2023. Habeas Petition is taken under advisement as of 11/29/2023. (Aaron, James)
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Filing 51
Answer to Second Amended Petition for Writ of Habeas Corpus [ECF 34-1]. Filed by Patrick Garrett. (McMahon, Eamon)
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Filing 50
Notice of Appeal to the 9th Circuit regarding Opinion and Order #25 . Filing fee $505 collected; Agency Tracking ID AORDC-9083357: . Filed by State of Oregon. (Kahn, Ryan) Modified on 9/21/2023 (gm).
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Filing 49
Notice of Correction by Clerk regarding #42 Declaration, #41 Declaration, #40 Declaration, #43 Declaration. Clerical errors have been discovered in the case record: The filings were missing case caption cover pages. The following corrections were made to the record: A corrected PDF has been uploaded to replace the incorrect ones. The Notice of Electronic Filing (NEF) will be regenerated to all parties. (cw)
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Filing 48
Declaration of Derek Zavala in Support of Second Motion to Certify Class. Filed by All Plaintiffs. (Related document(s): Motion to certify class #39 .) (Dahab, Nadia)
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Filing 47
Declaration of Alex Sarat Xotoy in Support of Second Motion to Certify Class. Filed by All Plaintiffs. (Related document(s): Motion to certify class #39 .) (Dahab, Nadia)
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Filing 46
Declaration of Nichole Whalen in Support of Second Motion to Certify Class. Filed by All Plaintiffs. (Related document(s): Motion to certify class #39 .) (Dahab, Nadia)
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Filing 45
Declaration of Nicholas Earl Waldbillig in Support of Second Motion to Certify Class. Filed by All Plaintiffs. (Related document(s): Motion to certify class #39 .) (Dahab, Nadia)
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Filing 44
Declaration of Curtis Remington in Support of Second Motion to Certify Class. Filed by All Plaintiffs. (Related document(s): Motion to certify class #39 .) (Dahab, Nadia)
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Filing 43
Declaration of Jeffery Davis in Support of Second Motion to Certify Class. Filed by All Plaintiffs. (Related document(s): Motion to certify class #39 .) (Dahab, Nadia) (Main Document 43 replaced on 9/13/2023) (cw).
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Filing 42
Declaration of Richard Carroll in Support of Second Motion to Certify Class. Filed by All Plaintiffs. (Related document(s): Motion to certify class #39 .) (Dahab, Nadia) (Main Document 42 replaced on 9/13/2023) (cw).
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Filing 41
Declaration of Crista Davis in Support of Second Motion to Certify Class. Filed by All Plaintiffs. (Related document(s): Motion to certify class #39 .) (Dahab, Nadia) (Main Document 41 replaced on 9/13/2023) (cw).
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Filing 40
Declaration of Jennifer Brunette in Support of Second Motion to Certify Class. Filed by All Plaintiffs. (Related document(s): Motion to certify class #39 .) (Dahab, Nadia) (Main Document 40 replaced on 9/13/2023) (cw).
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Filing 39
Second Motion to Certify the Class . Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Dahab, Nadia)
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Filing 38
Motion for Reconsideration of Opinion and Order, #25 . Filed by Washington County Circuit Court Judges, State of Oregon. (Attachments: #1 Attachment 1 of 2, #2 Attachment 2 of 2) (Aaron, James)
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Filing 37
Motion for Preliminary Injunction in Favor of Subclasses of Petitioners in Custody in Violation of Federal Constitutional Rights. This document was received via e-mail by the Court during a CM/ECF outage on 9/8/2023, and was docketed as of the date received on behalf of the filing party. Filed by All Petitioners. (eo) (PDF replaced on 9/12/2023 to add judges initials to page 1.) (eo)
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Filing 36
Acceptance/Acknowledgement of Service Filed by Washington County Circuit Court Judges. (Aaron, James)
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Filing 35
Notice Filed by Caleb Aiona, Joshua Shane Bartlett, Walter Betschart, Tyrik Dawkins, Joshua James-Richards, Taniela Kini Kin Latu, Richard Owens, Leon Michael Polaski, Alex Sarat Xotoy, Timothy Wilson. (Attachments: #1 Attachment Signed Appointment Orders) (Vandiver, Julie)
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Filing 34
Unopposed Motion for Leave to File Second Amended Petition. Filed by Caleb Aiona, Joshua Shane Bartlett, Walter Betschart, Tyrik Dawkins, Joshua James-Richards, Taniela Kini Kin Latu, Richard Owens, Leon Michael Polaski, Alex Sarat Xotoy, Timothy Wilson. (Attachments: #1 Attachment Second Amended Petition, #2 Attachment Second Amended Redline) (Vandiver, Julie)
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Filing 33
Scheduling Order. The Court adopts the Joint Motion for Scheduling Order #31 . Petitioners Second Amended Petition is due 09/01/2023. Petitioners Motion for Preliminary Injunction is due 09/08/2023. Respondents Response to Second Amended Petition is due 09/15/2023. Respondents Response to Preliminary Injunction Motion is due 09/21/2023. Petitioners Reply in Support of Habeas Petition is due 09/29/2023. Petitioners Reply in support of Preliminary Injunction is due 10/05/2023. A Preliminary Injunction Hearing is set for 10/24/2023 at 09:00AM in Eugene Courtroom 2 before Judge Michael J. McShane. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 32
Declaration of Julie Vandiver in Support of Joint Motion for Scheduling Order. Filed by Caleb Aiona, Joshua Shane Bartlett, Walter Betschart, Tyrik Dawkins, Joshua James-Richards, Taniela Kini Kin Latu, Richard Owens, Leon Michael Polaski, Alex Sarat Xotoy, Timothy Wilson. (Related document(s): Motion - Miscellaneous, #31 .) (Vandiver, Julie)
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Filing 31
Joint Motion for Scheduling Order. Filed by Caleb Aiona, Joshua Shane Bartlett, Walter Betschart, Tyrik Dawkins, Joshua James-Richards, Taniela Kini Kin Latu, Richard Owens, Leon Michael Polaski, Alex Sarat Xotoy, Timothy Wilson. (Vandiver, Julie)
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Filing 30
ORDER: Granting the State of Oregons Unopposed Motion to Intervene #28 . The Court directs the Clerk of Court to add the State of Oregon as a respondent in this case. All respondents shall be required to show cause in writing why the relief prayed for in the amended petition should not be granted within ten days after the Courts receipt of the judicial respondents acknowledgement and acceptance of service of the amended petition as outlined in the Courts previous order #29 . Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 28
Unopposed Motion to Intervene . Filed by State of Oregon. (Aaron, James)
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Filing 29
SCHEDULING ORDER: Respondent shall have ten (10) days from receipt of this Order to show cause why the relief prayed for should not be granted. Signed on 8/22/2023 by Magistrate Judge Mark D. Clarke. (Mailed order and amended petition to Ellen Rosenblum, Judge Kathleen J. Proctor, and Richard E. Moellmer.) (dsg)
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Filing 27
Certificate of Service by Caleb Aiona, Joshua Shane Bartlett, Walter Betschart, Tyrik Dawkins, Joshua James-Richards, Taniela Kini Kin Latu, Richard Owens, Leon Michael Polaski, Alex Sarat Xotoy, Timothy Wilson Filed by Caleb Aiona, Joshua Shane Bartlett, Walter Betschart, Tyrik Dawkins, Joshua James-Richards, Taniela Kini Kin Latu, Richard Owens, Leon Michael Polaski, Alex Sarat Xotoy, Timothy Wilson. (Vandiver, Julie)
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Filing 26
Scheduling Order. Striking the current deadline by which Respondent Garrett must file an answer and response to the petition and setting a telephonic status conference for 8/22/2023 at 10:00AM to discuss any outstanding case management issues and set additional schedules. Teleconference information to be provided in a separate entry. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing 25
Opinion and Order: Petitioners' Motion for Provisional Class Certification (ECF No. #6 ) is GRANTED in part and DENIED in part. The Court provisionally certifies as a class all unrepresented indigent defendants held in Washington County Detention Centers. Furthermore, Petitioners' Motion for Temporary Restraining Order (ECF No. #7 ) is GRANTED in part and DENIED in part. (See Formal Order). Signed on 8/17/2023 by Judge Michael J. McShane. (cp)
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Filing 24
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 8/15/23 before Judge Michael J. McShane, Court Reporter Kellie Humiston, telephone number 503-326-8186 or Kellie_Humiston@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/24/2023. Redaction Request due 9/7/2023. Redacted Transcript Deadline set for 9/18/2023. Release of Transcript Restriction set for 11/15/2023. (Humiston, Kellie)
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Filing 23
MINUTES of Proceedings: Motion Hearing Held regarding Motion to Provisionally Certify Class #6 and Motion for Temporary Restraining Order #7 . Petitioners' exhibits A through M are admitted. Petitioners' Motion to Provisionally Certify Class #6 is granted in part as stated on the record Petitioners' Motion for a Temporary Restraining Order #7 is granted in part. The findings of the Court were read into the record. A formal opinion and order will be issued. David F. Sugarman, Fidel Cassino-Ducloux, Jessica Greenlick Snyder, Stephen R. Sady, Julie Pitt Vandiver and Nadia H. Dahab present as counsel for petitioners. Eamon P. McMahon and Kim Stuart present as counsel for respondents. Court Reporter: Kellie Humiston. Judge Michael J. McShane presiding. (cp)
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Filing 22
Reply to Respondent Sheriff Patrick Garrett Objection to Motion for Temporary Restraining Order. Filed by Caleb Aiona, Joshua Shane Bartlett, Walter Betschart, Tyrik Dawkins, Joshua James-Richards, Taniela Kini Kin Latu, Richard Owens, Leon Michael Polaski, Alex Sarat Xotoy, Timothy Wilson. (Vandiver, Julie)
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Filing 21
Memorandum in Support Regarding Exhaustion. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order #7 .) (Vandiver, Julie)
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Filing 20
Declaration of Eamon McMahon . Filed by Patrick Garrett. (Related document(s): Response in Opposition to Motion #19 .) (Attachments: #1 Exhibit 1) (McMahon, Eamon)
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Filing 19
Response in Opposition to Motion for Temporary Restraining Order #7 Oral Argument requested. Filed by Patrick Garrett. (McMahon, Eamon)
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Filing 18
First Amended Petition for Writ of Habeas Corpus (2241). Filed by Taniela Kini Kin Latu, Caleb Aiona, Richard Owens, Alex Sarat Xotoy, Joshua Shane Bartlett, Leon Michael Polaski, Walter Betschart, Tyrik Dawkins, Timothy Wilson, Joshua James-Richards against Patrick Garrett, Washington County Circuit Court Judges (Attachments: #1 Attachment Redline of Amended Petition). (Vandiver, Julie)
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Filing 17
ORDER: Granting Respondent's Motion for Extension of Time #16 . Respondent's Answer and Response to the Order to Show Cause are due five business days after Judge McShane enters a ruling on Petitioners' motion for TRO. Ordered by Magistrate Judge Mark D. Clarke. (ki)
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Filing 16
Motion for Extension of Time . Filed by Patrick Garrett. (McMahon, Eamon)
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Filing 15
Scheduling Order regarding Habeas Corpus Scheduling Order,,, #14 . ordered to Show Cause in Writing by 8/16/2023 why the relief prayed for should not be granted. Ordered by Magistrate Judge Mark D. Clarke. party on 8/9/2023.) (jkm) Modified on 8/11/2023 to remove copy mailed to pro se. No pro se. (jkm). Nef-resent
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Filing 14
Habeas Corpus Scheduling Order Serving Petition for Writ of Habeas Corpus 2241, #1 on respondent. The Clerk shall serve a copy of this Order and the Petition on the Washington County Attorney. To the extent Petitioners move for an order to show cause (ECF No. #4 ), the Court grants the motion, in part, and orders Respondent to show cause why the relief prayed for should not be granted within seven (7) days from receipt of this Order. After Respondent files an answer, the Court shall set an expedited briefing schedule onPetitioners Motion for Class Certification (ECF No. #6 ), with additional expedited schedules to be set following resolution of that motion. Signed on 8/9/2023 by Magistrate Judge Mark D. Clarke. (Attachments: #1 Attachment Petition)Copy sent to Washington County Attorney ) (jkm) Modified on 8/11/2023 to remove copy mailed to pro se. No Pro se in case(jkm). Nef-Resent
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Filing 13
ORDER: Granting Motion for Extension of Time to File Response #10 to Motion for Temporary Restraining Order #7 . Response is due by 8/14/2023. Oral Argument is set for 8/15/2023 at 01:30PM in Eugene Courtroom 2 before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (cp)
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Filing 12
Response in Opposition to Motion for Extension of Time to File a Response/Reply to Motion for Temporary Restraining Order #7 #10 , Motion for Temporary Restraining Order #7 . Filed by Walter Betschart. (Vandiver, Julie)
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Filing 11
Declaration of Thomas A. Carr . Filed by Patrick Garrett. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #10 .) (McMahon, Eamon)
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Filing 10
Motion for Extension of Time to File a Response/Reply to Motion for Temporary Restraining Order #7 . Filed by Patrick Garrett. (McMahon, Eamon)
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Filing 9
Scheduling Order: Defendant's Response regarding Motion for Temporary Restraining Order #7 is due by 8/11/2023. Oral Argument is set for 8/14/2023 at 10:00AM in Eugene Courtroom 2 before Judge Michael J. McShane. Plaintiff is ordered to serve a copy of this order on counsel for defendant. (Copy emailed to eamon_mcmahon@washingtoncountyor.gov, counsel for defendant) Ordered by Judge Michael J. McShane. (cp)
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Filing 8
Exhibits re Motion for Temporary Restraining Order #7 . Filed by Walter Betschart. (Vandiver, Julie)
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Filing 7
Motion for Temporary Restraining Order . Filed by Walter Betschart. (Vandiver, Julie)
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Filing 6
Motion and Supporting Memorandum In Support of Provisional Class Certification (Expedited Consideration Requested). Filed by Caleb Aiona, Joshua Shane Bartlett, Walter Betschart, Tyrik Dawkins, Joshua James-Richards, Taniela Kini Kin Latu, Richard Owens, Leon Michael Polaski, Alex Sarat Xotoy, Timothy Wilson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Vandiver, Julie)
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Filing 5
Notice of Appearance of Nadia H. Dahab, David F. Sugerman appearing on behalf of All Plaintiffs . Filed by on behalf of All Plaintiffs. (Dahab, Nadia)
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Filing 4
Motion for Order to Show Cause (and Supporting Memorandum for Order to Show Cause Why Relief Should Not Be Granted Pursuant to 28 U.S.C. 2243). Filed by Caleb Aiona, Joshua Shane Bartlett, Walter Betschart, Tyrik Dawkins, Joshua James-Richards, Taniela Kini Kin Latu, Richard Owens, Leon Michael Polaski, Alex Sarat Xotoy, Timothy Wilson. (Attachments: #1 Exhibit A) (Vandiver, Julie)
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Filing 3
Notice of Case Assignment: This case is assigned to Magistrate Judge Mark D. Clarke. (dino)
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Filing 2
Notice Filed by Caleb Aiona, Joshua Shane Bartlett, Walter Betschart, Tyrik Dawkins, Joshua James-Richards, Taniela Kini Kin Latu, Richard Owens, Leon Michael Polaski, Alex Sarat Xotoy, Timothy Wilson. (Attachments: #1 Exhibit) (Vandiver, Julie)
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Filing 1
Petition for Writ of Habeas Corpus (2241- Federal) Filing Fee in amount of $5 collected. Agency Tracking ID: AORDC-9027189. Filed by TANIELA KINI KIN LATU, CALEB AIONA, RICHARD OWENS, ALEX SANTIAGO SARAT XOTOY, JOSHUA SHANE BARTLETT, LEON MICHAEL POLASKI, WALTER BETSCHART, TYRIK DAWKINS, TIMOTHY WILSON, JOSHUA JAMES-RICHARDS against PATRICK GARRETT (Attachments: #1 Civil Cover Sheet). (Vandiver, Julie) (Attachment 1 replaced on 7/31/2023, with a flattened version) (cw).
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