Cuevas v. Kelly
| Santos Cuevas |
| Brandon Kelly |
| 6:2022cv00854 |
| June 13, 2022 |
| US District Court for the District of Oregon |
| Mark D Clarke |
| Prisoner Petitions: Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on August 3, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 14
ORDER: Denying Petitioner's Motion to Set Aside Judgment #12 for the reasons stated in the Court's previous orders #4 , 11 . Ordered by Judge Ann L. Aiken. (Deposited in outgoing mail to pro se party on 8/3/2022.) (ck)
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| USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #13 . Case Appealed to Ninth Circuit Case Number 22-35610 assigned. (bd) |
| Filing 13 Notice of Appeal to the 9th Circuit. Related Documents: Order #4 and Judgment #5 . (No IFP Granted and No Fee Paid). Filed by Santos Cuevas. (Attachments: #1 Attachment State of Oregon Notice of Appeal, #2 Attachment Supplemental Record.) (bd) |
| Filing 12 Motion to Set Aside Judgment (titled "Motion to Alter or Amend the Judgment for Claims of Newly Discovered Evidence One Vote Verdict and Presentencing Report Included Seperate Counts of Conviction and Exceeded the Correct Sentence"). Filed by Santos Cuevas. (jw) |
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Filing 11
ORDER: Denying Petitioner's Motions to Set Aside Judgment #8 , #9 , #10 . This Court repeatedly has explained to Petitioner that he must first request and obtain permission from the Ninth Circuit before filing a successive habeas petition in the district court to challenge his 2011 convictions. There is nothing in Petitioner's motions to indicate that he has been granted permission to file the instant petition, and this Court lacks jurisdiction to entertain it. Ordered by Judge Ann L. Aiken. (Deposited in outgoing mail to pro se party on 7/20/2022.) (ck)
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| Filing 10 Motion to Set Aside Judgment (titled "Motion on this Court Presumption of Correctness that Strict Liability Laws Apply to Forcible Compulsion Trial Facts is Error of this Court, and that Magistrate Russo Reached the Merits of this Claim is not Correct, a Crostley Error, and Set-Aside Judgement is Necessary"). Filed by Santos Cuevas. (bd) |
| Filing 9 Motion to Set Aside Judgment, Motion for an Abeyance (titled "Motion to Set Aside Judgement for Newly Discovered Evidence Denied by the Post Conviction Court on 3-31-2022, Motion for an Abeyance if Court Grants this Motion"). Filed by Santos Cuevas. (bd) |
| Filing 8 Motion to Set Aside Judgment (titled "Motion to Set-Aside the Judgement of Dismissal"). Filed by Santos Cuevas. (bd) |
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Filing 7
ORDER: Denying Motion for Appointment of Counsel #6 .. Ordered by Magistrate Judge Mark D. Clarke. (Deposited in outgoing mail to pro se party on 07/14/2022.) (rsm)
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| Filing 6 Motion for Appointment of Counsel. Filed by Santos Cuevas. (dsg) |
| Filing 5 JUDGMENT: This action is DISMISSED. (Deposited in outgoing mail to pro se party on 07/08/2022.) (bd) |
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Filing 4
ORDER OF DISMISSAL: The Court summarily DISMISSES the Petition for Writ of Habeas Corpus (ECF No. #1 ). Signed on 07/07/2022 by Judge Ann L. Aiken. (Deposited in outgoing mail to pro se party on 07/08/2022.) (bd)
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| Filing 3 Memorandum of Law. Filed by Santos Cuevas. (Related document(s): Petition for Writ of Habeas Corpus 2254 #1 .) (dsg) |
| Filing 2 Notice of Case Assignment: This case is assigned to Magistrate Judge Mark D. Clarke. (Deposited in outgoing mail to pro se party on 6/13/2022.) (dsg) |
| Filing 1 Petition for Writ of Habeas Corpus (2254 - State). NO FEE, NO IFP. Filed by Santos Cuevas against Brandon Kelly. (dsg) |
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| Petitioner: Santos Cuevas | |
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| Respondent: Brandon Kelly | |
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