Davidson v. Burch
| Matthew Chester Davidson |
| Christian Burch |
| 3:2021cv05684 |
| September 15, 2021 |
| US District Court for the Western District of Washington |
| J Richard Creatura |
| Benjamin H Settle |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Document Text |
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| Judge J Richard Creatura no longer assigned to case as referral judge per Judge Benjamin H. Settle. (SP) |
| Attorney Faulk's office called to indicate that she does not intend to appear on this case, per #17 Judge Assignment Letter. Attorney Denise Ann Faulk terminated. (AMD) |
| Filing 17 LETTER from Clerk to counsel re receipt of case from the District of Arizona - Tucson and advising of WAWD case number and judge assignment. (SP) |
| Filing 16 Case transferred in from the District of Arizona, Case Number 4:19-cv-00003. Documents 1-3, 5-15 received electronically; document 11 is text only docket entry. |
| Judge Benjamin H. Settle and Judge J Richard Creatura added. (SP) |
| Filing 15 CLERK'S JUDGMENT: IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed 9/15/21, judgment granting Petition for a Writ of Habeas Corpus Under 28 USC 2241 is entered. The 3/17/05 criminal judgment entered by the United States District Court for the Western District of Washington in United States v. Davidson, Case No. 3:03-CR-05828-BHS-1, Doc. 187 (WD Washington) is vacated. This matter is transferred to the United States District Court for the Western District of Washington for resentencing in United States v. Davidson, Case No. 3:03-CR-05828-BHS-1 (WD Washington).(BAC) [Transferred from azd on 9/17/2021.] |
Filing 14
ORDER: IT IS ORDERED pursuant to the #10 Ninth Circuit's Order, and in accordance with the parties' #13 Notice of Submitting (Joint) Proposed Order, Petitioner Matthew Chester Davidson's #1 Petition for a Writ of Habeas Corpus Under 28 USC 2241 is granted. The 3/17/05 criminal judgment entered by the United States District Court for the Western District of Washington in United States v. Davidson, Case No. 3:03-CR-05828-BHS-1, Doc. 187 (WD Washington) is vacated; and this matter is transferred to the United States District Court for the Western District of Washington for resentencing in United States v. Davidson, Case No. 3:03-CR-05828-BHS-1 (WD Washington). The Clerk of Court must promptly transmit a copy of this Order to the United States District Court for the Western District of Washington for filing in United States v. Davidson, Case No. 3:03-CR-05828-BHS-1 (WD Washington). The Clerk of Court must enter Judgment in this case granting a writ of habeas corpus and terminate this action. Signed by Judge James A Soto on 9/14/21.(BAC) [Transferred from azd on 9/17/2021.]
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| Filing 13 NOTICE re: Submitting Joint Proposed Order and Judgment by Christian Burch re: #12 Order . (Attachments: #1 Proposed Order and Judgment)(Faulk, Denise) [Transferred from azd on 9/17/2021.] |
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Filing 12
ORDER: IT IS ORDERED The Clerk of Court must vacate entry of Judgment and reopen this case. Clerk must add the following as counsel for Respondent to this Court's docket: Denise Ann Faulk, Arizona Assistant US Attorney, Teal Luthy Miller, Assistant US Attorney, Michael Symington Morgan, Assistant US Attorney. No later than 30 days from the filing date of this Order, parties must submit either a joint proposed form of order and judgment in this case; or file separate briefs in support of the parties respective proposed forms of order and judgment in this case. Clerk must mail, and transmit by email, a copy of this Order to Petitioner's and Respondent's counsel. Signed by Judge James A Soto on 7/21/21.(BAC) [Transferred from azd on 9/17/2021.]
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| Filing 11 MINUTE ORDER: This case is reassigned to the Honorable James A. Soto. All future filings shall reflect the following case number: CV-19-3-TUC-JAS(LAB). This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BJWI) [Transferred from azd on 9/17/2021.] |
| Filing 10 MANDATE of USCA re: #7 Notice of Appeal filed by Matthew Chester Davidson. REVERSED and REMANDED. (Attachments: #1 Order)(KAH) [Transferred from azd on 9/17/2021.] |
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Filing 9
ORDER of USCA re: #7 Notice of Appeal filed by Matthew Chester Davidson. To the extent required, a certificate of appealability is granted with respect to whether the petition filed by appellant in the district court is a legitimate 28 USC 2241 petition brought pursuant to the escape hatch of 28 USC 2255 and, if so, whether appellant is entitled to relief. There was no appearance by the appellee in district court. Clerk will serve a copy of this order on respondent's counsel, Christina M Cabanillas, Deputy Appellate Chief, United States Attorney's Office. (See attached PDF for complete information). (BAC) [Transferred from azd on 9/17/2021.]
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| Filing 8 USCA Case Number re: #7 Notice of Appeal. Case number 19-15099, 9th CCA. (KAH) [Transferred from azd on 9/17/2021.] |
| Filing 7 NOTICE OF APPEAL to 9th Circuit Court of Appeals re: #6 Clerks Judgment, #5 Order by Matthew Chester Davidson. (Hilzendeger, Keith) [Transferred from azd on 9/17/2021.] |
| Filing 6 VACATED by Doc. #12 . CLERK'S JUDGMENT: IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed 1/16/19, the Petition for Writ of Habeas Corpus is Dismissed. Petitioner to take nothing. This action is closed.(BAC) Modified on 7/22/2021 (BAC). [Transferred from azd on 9/17/2021.] |
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Filing 5
ORDER: IT IS ORDERED that the #1 Petition for the Writ of Habeas Corpus is DISMISSED. The Clerk of the Court shall enter judgment and close this civil action. IT IS FURTHER ORDERED that no Certificate of Appealability shall issue. Signed by Senior Judge Frank R Zapata on 1/16/19.(BAC) [Transferred from azd on 9/17/2021.]
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| Filing 3 NOTICE OF ASSIGNMENT: (ARC) [Transferred from azd on 9/17/2021.] |
| Filing 2 NOTICE of Appearance by Keith James Hilzendeger on behalf of Matthew Chester Davidson. (ARC) [Transferred from azd on 9/17/2021.] |
| Filing 1 PETITION for Writ of Habeas Corpus (Fed/2241). Filing fee received: $ 5.00, receipt number 0970-16363683 filed by Matthew Chester Davidson. (Hilzendeger, Keith) (Attachments: #1 Civil Cover Sheet)(ARC) [Transferred from azd on 9/17/2021.] |
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| Petitioner: Matthew Chester Davidson | |
| Represented By: | Keith James Hilzendeger |
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| Respondent: Christian Burch | |
| Represented By: | Denise Ann Faulk |
| Represented By: | Michael Symington Morgan |
| Represented By: | Teal Luthy Miller |
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