Nelson v. Traynor et al
| George Patton Nelson, III |
| Flora Salcido, Dr. Gundru, Sharp, Don Reisner, Oregon State Hospital, Stacey B. and Traynor |
| 6:2018cv00785 |
| May 4, 2018 |
| US District Court for the District of Oregon |
| Eugene (6) Office |
| Robert E Jones |
| Prisoner Petitions: 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 June 24, 2019. A more recent docket listing may be available from PACER.
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| Filing 26 MANDATE of USCA for the 9th Circuit, USCA # 18-35724, re Notice of Appeal #18 . The appeal is dismissed in part; denied in part. (kf) |
Filing 25
Order of USCA for the 9th Circuit, USCA # 18-35724, re Notice of Appeal #18 . The appeal is dismissed in part; denied in part. The request for a certificate of appealability is denied. See 28 U.S.C. section 2253(c)(2). All pending motions are denied as moot. (kf)
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| Filing 24 Clerk's Notice of Mailing to George Patton Nelson, III regarding Order 23 . (joha) |
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Filing 23
Order Denying Certificate of Appealability regarding Notice of Appeal #18 on the basis that Petitioner has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. 2253(c)(2). Ordered by Judge Robert E. Jones. (ps4)
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| Filing 22 Mail Returned - Undeliverable: Order on Motion - Miscellaneous #20 sent to Rosenstrater returned as Attempted, not known, unable to forward. (kf) |
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Filing 21
Order, from USCA for the 9th Circuit, this case remanded to the district court for the limited purpose of granting or denying a certificate of appealability in USCA # 18-35724 re Notice of Appeal #18 . (kf)
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Filing 20
ORDER: The Court construes Plaintiff's Motion for Immediate Mandamus Action as a Request for Clarification, and the Court provides clarification in this Order. The Clerk is directed to send a copy of this Order to Kelly Rosenstrater at the Oregon State Hospital. The Clerk shall terminate Plaintiff's Motion ( #17 ). This Court certifies that Plaintiff's appeal is not be taken in good faith. See 28 U.S.C. 1915 (a) (3); Fed. R. App. P. 24 (a) (3) (A). Signed on 9/6/2018 by Judge Robert E. Jones. (joha) (Copy Mailed to George Patton Nelson, III and Kelly Rosenstrater.)
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| Filing 19 REFERRAL NOTICE from USCA for the 9th Circuit, USCA # 18-35724 re Notice of Appeal #18 . This matter is referred to the district court for the limited purpose of determining whether in forma pauperis should continue for this appeal or whether the appeal is frivolous or taken in bad faith. (bd) |
| USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #18 . Case Appealed to Ninth Circuit Case Number 18-35724 assigned. (bd) |
| Filing 18 Notice of Appeal of Judgment (No IFP Granted and No Fee Paid). Filed by George Patton Nelson, III. (Attachments: #1 exhibits) (jw) |
| Filing 17 Motion for Immediate Mandamus Action Commanding the Business Office at Oregon State Hospital: To Cease Garnishment of One-Hundred Percent of all Funds over Ten Dollars of Nelson's Account. Filed by George Patton Nelson, III. (Attachments: #1 Exhibit: Letter, #2 Exhibits: 1-8, #3 Exhibit: Account History) (jw) |
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Filing 16
JUDGMENT: IT IS ORDERED AND ADJUDGED that this Action is DISMISSED, with prejudice. Pending motions, if any, are DENIED AS MOOT. Signed on 8/15/18 by Judge Robert E. Jones. (Mailed copy to petitioner) (dsg)
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Filing 15
ORDER TO DISMISS: The Amended Petition for Writ of Habeas Corpus #13 is dismissed. Petitioner's pending Motion to Add Exhibits #14 is denied as moot. Signed on 8/15/18 by Judge Robert E. Jones. (Mailed copy to petitioner) (dsg)
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| Partial Filing fee in amount of $40.00 collected; Receipt No. 79435 issued. (tj) |
| Filing 14 Motion to Add Exhibits: "Account History" and "2018 OHA-08721". Filed by George Patton Nelson, III. (Attachments: #1 exhibits) (jw) Modified document description on 8/8/2018 (jw). |
| Filing 13 Response to Court's Order to Dismiss. Filed by George Patton Nelson, III. (Related document(s): Order,,,, Scheduling,,, #11 .) (dsg) |
| Filing 12 Clerk's Notice of Mailing to Oregon State Hospital regarding Order #10 . Clerk's Notice of Mailing to George Patton Nelson regarding Order #10 , Order #11 and Amended Petition Forms. (joha) |
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Filing 11
ORDER: IT IS ORDERED that Plaintiff's Petition for Writ of Habeas Corpus seeking mandamus relief (#1 ) is DISMISSED for failure to state a claim. Should Plaintiff wish to continue with this case, he must file an amended complaint within 30 days that: (1) cures the deficiencies identified above; (2) names all defendants in the caption of his civil rights complaint; (3) describes how each named defendant personally participated in the deprivation of a federal right; and (4) does not incorporate any other document by reference. Plaintiff is advised that failure to file an amended complaint shall result in the dismissal of this proceeding, with prejudice. Plaintiff's Motions to Add Documentary Evidence ( #5 ) and (#7 ) are granted. Signed on 7/6/2018 by Judge Robert E. Jones. (joha)
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Filing 10
ORDER TO PROCEED IN FORMA PAUPERIS AND TO COLLECT FILING FEE: Plaintiff's provisional in forma pauperis status is CONFIRMED. IT IS ORDERED that the trust account coordinator at the Oregon State Hospital or his designee shall collect payments from Plaintiff's trust account and shall forward those payments to the Clerk of the Court in accordance with the formula set forth above until a total of $350. 00 has been collected and forwarded to the Clerk of Court. Signed on 7/6/2018 by Judge Robert E. Jones. (joha)
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| Filing 9 Exhibits in Support of Petition. Filed by George Patton Nelson, III. (joha) |
| Filing 8 Exhibits in Support of Petition. Filed by George Patton Nelson, III. (joha) |
| Filing 7 Motion for Leave to Add Documentary Evidence in Support of his Opening Brief. Filed by George Patton Nelson, III. (kms) |
| Filing 6 Application for Leave to Proceed IFP. Filed by George Patton Nelson, III. (dsg) |
| Filing 5 Motion for Leave to Submit One Piece of Documentary Evidence in Support of Petition for Habeas and Mandamus Relief. Filed by George Patton Nelson, III. (dsg) |
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Filing 4
ORDER:Plaintiff has neither submitted the filing fee nor moved to proceed in forma pauperis. Accordingly, should Plaintiff wish to continue with this case, he must submit the requisite filing fee or a completed application to proceed in forma pauperis within 30 days of the date of this Order. Signed on 5/30/18 by Judge Robert E. Jones. (Mailed copy to plaintiff) (dsg)
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| Filing 3 Memorandum in Support of his Exhausting all Available State Remedies Concerning his Habeas and Mandamus Requests. Filed by George Patton Nelson, III. (Attachments: #1 Exhibit) (jw) |
| Filing 2 Notice of Case Assignment: This case is assigned to Judge Robert E. Jones. (copy mailed to petitioner) (kms) (Main Document 2 replaced on 5/10/2018) (eo). |
| Filing 1 Petition for Writ of Habeas Corpus (2254 - State) (2241- Federal). (No Fee, No IFP) Filed by George Patton Nelson, III against Flora Salcido, Oregon State Hospital, Stacey B., Sharp, Gundru, Traynor, Don Reisner (Attachments: #1 Exhibits). (kms) |
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