Andrus v. Garcia et al
| Dustin Andrus |
| Jared Garcia and Derek Brown |
| Prisoner Litigation Unit |
| 2:2025cv01153 |
| December 22, 2025 |
| U.S. District Court for the District of Utah |
| Ann Marie McIff Allen |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 11, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 19
ORDER granting #18 Motion for Extension of Time to File Response/Reply as #13 MOTION for Preliminary Injunction, MOTION to Stay Replies due by 7/2/2026. Petitioner shall file his reply in support of his Motion for Stay of Execution of Sentence Pending Final Determination on or before July 2, 2026. Signed by District Judge Ann Marie McIff Allen on 06/11/2026. (kpf)
|
| Modification of Docket: re #18 MOTION. Error: Pleading filed under, Motion for Extension of Time. Pleading requesting extension of time to response/reply to ECF 17. Correction: Pleading motion event corrected to," Motion for Extension of Time to File Response/Reply". Text updated and linked to the motion. No further action needed. (kpf) |
| Filing 18 MOTION for Extension of Time to File Response/Reply as to Respondent's #17 Motion to Dismiss and Opposition to #13 Motion to Stay Execution of the Sentence and Memorandum in Support filed by Petitioner Dustin Andrus. (Ferguson, David) Modified to correct the event type and add text and link to motions on 6/11/2026 (kpf). |
| Filing 17 MOTION to Dismiss and Memorandum in Support filed by Respondent Jared Garcia. (Attachments: #1 Exhibit A - Jury Verdict, #2 Exhibit B - Brief of Appellant, #3 Exhibit C - Reply Brief of Appellant)(Greene, Jason) |
| Filing 16 RESPONSE to Motion re #9 MOTION to Stay filed by Respondent Jared Garcia. (Attachments: #1 Exhibit A - Jury Verdict, #2 Exhibit B - Brief of Appellant, #3 Exhibit C - Reply Brief of Appellant, #4 Exhibit D - Sentence, Judgment, Commitment)(Greene, Jason) |
|
Filing 15
ORDER granting #14 Motion for Extension of Time to Answer re Petition #3 ; Granting #14 Motion for Extension of Time to File Response/Reply as to #13 MOTION for Preliminary Injunction, as to MOTION to Stay Execution of sentence. Respondent shall file their responses to the petition and motion to stay on or before June 4, 2026. Answer deadline updated for Jared Garcia answer due 6/4/2026. Response deadline due by 6/4/2026. Signed by District Judge Ann Marie McIff Allen on 05/05/2026. (kpf)
|
| Modification of Docket: re #14 MOTION. Error: The motion requests extension of time as to two motions. Correction: Motion for extension of time to Response/Reply added, docket entry text modified to reflect additional motion. No further action needed. (kpf) |
| Filing 14 MOTION for Extension of Time to File Answer re #3 Petition for Writ of Habeas Corpus, MOTION for Extension of Time to Response/Reply as to #13 MOTION for Preliminary Injunction and Memorandum in Support for Petitioner's Motion to Stay Execution of the Sentence Pending Final Determination and MOTION to Stay and Memorandum in Support filed by Respondent Jared Garcia. (Attachments: #1 Text of Proposed Order)(Greene, Jason) Modified to add event type and add text on 5/5/2026 (kpf). |
| Modification of Docket: re #13 MOTION. Error: The filing suggests two possible reliefs. Both should have been chosen at filing. MOTION to Stay added. No further action needed. (kpf) |
| Filing 13 MOTION for Preliminary Injunction and Memorandum in Support for Petitioner's Added MOTION to Stay Execution of the Sentence Pending Final Determination filed by Petitioner Dustin Andrus. (Attachments: #1 Supplement Addendum A, #2 Exhibit Full appellate record before the Utah Supreme Court)(Ferguson, David). Added MOTION to Stay on 4/28/2026. Added additional event (kpf). |
|
Filing 12
ORDER Granting #10 Motion to Withdraw. Petitioner's Motion to Stay No. 9, be withdrawn. Granting #4 Motion for Leave to File Excess Pages. Petitioner may refile the Overlength Motion to Stay. Respondent may file an opposition not to exceed the same number of words or another appropriate word limit, excluding the caption, signature block, table of contents, and exhibits unless otherwise ordered by the Court. Signed by District Judge Ann Marie McIff Allen on 04/27/2026. (kpf)
|
|
Filing 11
ORDER granting #8 Motion for Extension of Time to Answer re #3 Petition for Writ of Habeas Corpus. Respondents request for a 45-day extension of time to respond to Petitioner's petition is Granted. Signed by District Judge Ann Marie McIff Allen on 04/27/2026. (kpf)
|
| Modification of Docket: re #10 MOTION. Error: Pleading filed under a Motion to Strike. Correction: Pleading motion corrected to, Motion to Withdraw Motion. Docket text added. No further action needed. (kpf) |
| Filing 10 Stipulated MOTION to Withdraw Motion Strike as to no #9 and Memorandum in Support on Motion to Stay, and Motion to Grant Refiling of Overlength Motion to Stay re: #4 filed by Petitioner Dustin Andrus. (Ferguson, David) Modified to change event type and link to Motion on 4/21/2026 (kpf). |
| Filing 9 MOTION to Stay and Memorandum in Support for Petitioner's Motion to Stay Execution of the Sentence Pending Final Determination filed by Petitioner Dustin Andrus. (Ferguson, David) |
| Filing 8 MOTION for Extension of Time to File Answer re #3 Petition for Writ of Habeas Corpus and Memorandum in Support filed by Respondent Jared Garcia. (Attachments: #1 Text of Proposed Order)(Greene, Jason) |
| Filing 7 RESPONSE to Motion re #4 MOTION for Leave to File Excess Pages and Memorandum in Support for Petitioner's Motion to Stay Execution of the Sentence Pending Final Determination filed by Respondent Jared Garcia. (Greene, Jason) |
| Filing 6 NOTICE of Appearance by Jason Greene on behalf of Jared Garcia (Greene, Jason) |
|
Filing 5
ORDER TO RESPOND - Derek Brown, Jared Garcia must respond to #3 Petitioner's 28 U.S.C. 2254A copy of the petition and order were mailed to Derek Brown, Jared Garcia at Utah Attorney General, Criminal Appeals, 160 East 300 South, Sixth Floor, PO Box 140854, Salt Lake City, UT 84114-0854At the time of filing their answer, Respondents shall also respond to Petitioner's Motion for Leave to File Overlength Brief. (ECF No. 4.). See order for details. Responses due by 4/6/2026. Signed by District Judge Ann Marie McIff Allen on 02/19/2026. (kpf)
|
| Filing 4 MOTION for Leave to File Excess Pages and Memorandum in Support for Petitioner's Motion to Stay Execution of the Sentence Pending Final Determination filed by Petitioner Dustin Andrus. (Ferguson, David) |
| Filing 3 PETITION for Writ of Habeas Corpus - Under 28 U.S.C. 2254 (Filing fee $ 5, receipt number AUTDC-5650590) filed by Dustin Andrus. (Attachments: #1 Exhibit A) (Ferguson, David) |
| Filing 2 NOTICE OF DEFICIENCY re #1 Exhibits. The Petition for Writ of Habeas Corpus has not been filed. Counsel must immediately file a case-initiating document; otherwise, the docket for this case number will be closed and no further filings will be permitted under this case number. The clerk requests the filer of the original document to file the pleading using the correct event under complaints, Petition for Writ of Habeas Corpus. The new pleading will receive a new document number on the docket. (nl) |
| District Judge Ann Marie McIff Allen added. Case number will now read 2:25-cv-01153-AMA. Please make changes to document captions accordingly. (kop) |
| Filing 1 EXHIBITS filed by Dustin Andrus. (Attachments: #1 Exhibit Appellant's Opening Brief to Utah Supreme Court, #2 Exhibit Appellee's Opening Brief to Utah Supreme Court, #3 Exhibit Appellant's Reply Brief to Utah Supreme Court)(Ferguson, David) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Utah District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
