Ortiz v. Utah Board of Pardons et al
Petitioner: Daniel Ortiz
Respondent: Utah Board of Pardons, Marc Miller and Utah Department of Corrections
Not Classified By Court: Prisoner Litigation Unit
Case Number: 2:2023cv00753
Filed: October 20, 2023
Court: US District Court for the District of Utah
Presiding Judge: Tena Campbell
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 8, 2023 Filing 9 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Joint MOTION to Dismiss filed by Respondents Marc Miller, Utah Board of Pardons, Utah Department of Corrections. (Attachments: #1 Exhibit #1 - Second District Petition, #2 Exhibit #2 - Second District Docket, #3 Exhibit #3 - Second District Motion to Dismiss, #4 Exhibit #4 - 231901834 Criminal Information, #5 Exhibit #5 - 231901834 Docket)(Montague, Amanda)
December 8, 2023 Filing 8 NOTICE of Appearance by Christopher M Fournier on behalf of Utah Department of Corrections (Fournier, Christopher)
November 21, 2023 Filing 7 NOTICE of Appearance by Amanda N. Montague on behalf of Utah Board of Pardons (Montague, Amanda)
October 31, 2023 Opinion or Order Filing 6 ORDER TO RESPOND - Marc Miller, Utah Board of Pardons, Utah Department of Corrections must respond to #4 Petitioner's 28 U.S.C. 2254A copy of the petition and order were mailed to Marc Miller, Utah Board of Pardons, Utah Department of Corrections at Utah Attorney General, Criminal Appeals, 160 East 300 South, Sixth Floor, PO Box 140854, Salt Lake City, UT 84114-0854( Responses due by 12/15/2023). Denying #5 MOTION for Preliminary Injunction filed by Daniel Ortiz. Signed by Judge Tena Campbell on 10/31/2023. (kpf)
October 26, 2023 Filing 5 MOTION for Preliminary Injunction filed by Petitioner Daniel Ortiz. (haa)
October 26, 2023 Filing 4 PETITION for Writ of Habeas Corpus Under 28 U.S.C. 2254 Fee Status: IFP. (Originally received on 10/20/2023) filed by Daniel Ortiz. Assigned to Judge Tena Campbell (haa) (Additional attachment(s) added on 10/26/2023: #1 Envelope ) (haa). (Additional attachment(s) added on 11/1/2023: #2 envelope, improved image) (kb).
October 26, 2023 Opinion or Order Filing 3 DOCKET TEXT ORDER granting #1 Motion for Leave to Proceed in forma pauperis. Based on the inmate's attached Required Authorization, Consent, and Declaration, the inmate account office is authorized and requested to: 1) within 14 days file the Financial Certificate showing the Initial Partial Filing Fee together with the inmate account statement as outlined in the attached instructions, and 2) remit the initial partial filing fee within 30 days as outlined in the attached instructions. Failure to comply will result in case dismissal without prejudice and without further notice. Packet sent to Utah State Correctional Facility. No attached document. Signed by Magistrate Judge Dustin B. Pead on 10/26/2023. (kpf)
October 20, 2023 Filing 2 DOCUMENTS LODGED consisting of Complaint, exhibit and envelope. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Exhibit 1 Motion for Injunction, #2 Envelope )(haa)
October 20, 2023 Filing 1 **SEALED DOCUMENT** MOTION for Leave to Proceed in forma pauperis. Assigned to Magistrate Judge Dustin B. Pead for review, case file forwarded to PLU. (Received by the court on: 10/20/2023) filed by Petitioner Daniel Ortiz. (haa)

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Petitioner: Daniel Ortiz
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Respondent: Utah Board of Pardons
Represented By: Amanda N. Montague
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Respondent: Marc Miller
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Respondent: Utah Department of Corrections
Represented By: Christopher M Fournier
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Not classified by court: Prisoner Litigation Unit
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