Benshoof v. Keenan et al
| Kurt Benshoof and Kurt Benshoof, I |
| David Keenan, Adrian Diaz and Jessica Owen |
| 2:2023cv00751 |
| May 22, 2023 |
| US District Court for the Western District of Washington |
| Richard A Jones |
| Habeas Corpus (General) |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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Filing 26
ORDER OF USCA (23-35418) as to #24 Notice of Appeal, filed by Kurt Benshoof, I. The motion for injunctive relief (Docket Entry No. 2) is denied. See Feldman v. Ariz. Secy of State, 843 F.3d 366, 367 (9th Cir. 2016) (The standard for evaluating an injunction pending appeal is similar to that employed by district courts in deciding whether to grant a preliminary injunction.); see also Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (defining standard for preliminary injunction in district court). No motions for reconsideration of the denial of injunctive relief will be entertained. A review of the record suggests that this appeal may be appropriate for summary disposition under Ninth Circuit Rule 3-6(b) because the district court did not err in dismissing the petition for lack of subject matter jurisdiction. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982); see also Lehman v. Lycoming County Childrens Servs. Agency, 458 U.S. 502, 511-12 (1982) (federal habeas corpus not available to challenge states child custody determination). Within 21 days after the filing date of this order, appellant must show cause why summary affirmance of the district courts judgment is not appropriate. A response may be filed within 10 days after service of the memorandum. If appellant does not comply with this order, this appeal will be automatically dismissed by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. The briefing schedule is stayed pending further order of the court. (RE)
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| Filing 25 TIME SCHEDULE ORDER/ USCA CASE NUMBER (23-35418) as to #24 Notice of Appeal, filed by Kurt Benshoof, I. (RE) |
| Filing 24 NOTICE OF Emergency APPEAL to Ninth Circuit (23-35418) re #22 Order on Motion for Temporary Restraining Order, #23 Judgment by Court by All Plaintiffs. Appeal fee not paid- In Forma Pauperis pending in District Court. (cc: USCA) (Attachments: #1 Petition for Certificate of Appealability)(Benshoof, Kurt) Modified on 6/16/2023 strike IFP information, fee has been paid (CDA). Modified on 6/22/2023 to add CCA#. (RE) |
| Appeal Fees received : fee in the amount of $ 505 (receipt # AWAWDC-8050017) re #24 Notice of Appeal, filed by Kurt Benshoof, I (cc: USCA) (CDA) |
| Filing 23 JUDGMENT BY COURT. Judgment is entered in favor of Respondents David Keenan, Adrian Diaz, and Jessica Owen, against Petitioners Kurt Benshoof, A.R.W., by and through his father Kurt Benshoof. (VE) |
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Filing 22
ORDER denying Plaintiff's #15 Motion for Temporary Restraining Order. The Court dismisses the habeas petition with prejudice. Signed by Judge Richard A. Jones. (SS)
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| Filing 21 DECLARATION of Anthony S. Marinella re #20 Response to Motion by Defendant Jessica Owen (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Marinella, Anthony) |
| Filing 20 RESPONSE, by Defendant Jessica Owen, to #15 Emergency MOTION for Temporary Restraining Order . (Attachments: #1 Proposed Order)(Marinella, Anthony) |
| Filing 19 DECLARATION of Peggy Wu in support of Respondent Judge Keenan's Opposition to Petitioner's Request for an Emergency Restraining Order re #18 Response to Motion by Defendant David Keenan (Wu, Peggy) |
| Filing 18 RESPONSE, by Defendant David Keenan, to #15 Emergency MOTION for Temporary Restraining Order . (Attachments: #1 Exhibit A-G, #2 Proposed Order)(Wu, Peggy) |
| Filing 17 NOTICE of Intent to Oppose Petitioner's Motion for Emergency Restraining Order re #15 Emergency MOTION for Temporary Restraining Order ; filed by Defendant David Keenan. (Wu, Peggy) |
| Filing 16 NOTICE of Intent to Oppose Pltf's Petition for Emergency Restraining Order re #15 Emergency MOTION for Temporary Restraining Order ; filed by Defendant Jessica Owen. (Russ, Blair) |
| Filing 15 Emergency MOTION for Temporary Restraining Order , filed by Plaintiff Kurt Benshoof, I. (Attachments: #1 Proposed Order For Temporary Restraining Order) Noting Date 6/8/2023, (Benshoof, Kurt) |
| Filing 14 NOTICE: Plaintiff Kurt Benshoof, I has registered to electronically file and receive electronic service in this case. (STP) |
| Filing 13 AFFIDAVIT of Service of Summons and Complaint on Jessica Owen on 5/31/2023, filed by Plaintiff Kurt Benshoof. (SS) |
| Filing 12 AFFIDAVIT of Service of Summons and Complaint on David Keenan on 6/2/2023, filed by Plaintiff Kurt Benshoof. (SS) |
| Filing 11 AFFIDAVIT of Service of Summons and Complaint on Adrian Diaz on 6/2/2023, filed by Plaintiff Kurt Benshoof. (SS) |
| Filing 10 NOTICE of Appearance by attorney Blair Michael Russ on behalf of Defendant Jessica Owen. (Russ, Blair) |
| Filing 9 NOTICE of Appearance by attorney Peggy C Wu on behalf of Defendant David Keenan. (Wu, Peggy) |
| Filing 8 Redacted EXHIBITS re #1 Petition for Writ of Habeas Corpus, by Plaintiff Kurt Benshoof. (SS) |
| Filing 7 Amended CIVIL COVER SHEET, filed by Plaintiff Kurt Benshoof. (SS) |
| Filing 6 Summons(es) Issued in Paper Form as to defendant(s) Adrian Diaz, David Keenan, Jessica Owen. (SB) |
| Filing 5 STANDING ORDER for Civil Cases Assigned to Judge Richard A. Jones. (cc: Petitioner via US Mail) (VE) |
| Filing 4 Notice of Filing Deficiency re #1 Petition for Writ of Habeas Corpus,. ***Action Required*** Redaction, Civil Cover Sheet Omitted.See attached letter for more information and instructions. (cc: Plaintiff via USPS) (CR) |
| Filing 2 EXHIBIT re #1 Petition for Writ of Habeas Corpus, by Plaintiff Kurt Benshoof. Administratively SEALED due to personal identifiers. (CR) |
| Filing 1 PETITION for Writ of Habeas Corpus (Receipt # 200002073) filed by Kurt Benshoof. (Attachments: #1 Affidavit in Support of Verified Petition for Common Law Writ of Habeas Corpus, #2 Brief in Support of Verified Petition for Common Law Writ of Habeas Corpus) (CR) |
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