Johnson v. Van Ogle
| Melvin Marcus Johnson |
| Dan Van Ogle |
| 3:2021cv05877 |
| December 1, 2021 |
| US District Court for the Western District of Washington |
| Ricardo S Martinez |
| Brian A Tsuchida |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Filing 16 TIME SCHEDULE ORDER/USCA CASE NUMBER (22-35065) as to #15 Notice of Appeal, filed by Melvin Marcus Johnson. **DO NOT PRINT**(Melvin Johnson, Prisoner ID: 947366) (RE) |
| Filing 15 NOTICE OF APPEAL to Ninth Circuit (22-35065) re #12 Order on Report and Recommendation, Terminate Deadlines and Hearings, Terminate Motions, by Petitioner Melvin Marcus Johnson. IFP granted on 12/13/2021. (cc: USCA) (Attachments: #1 Motion for Permission to Proceed in Forma Pauperis)**61 PAGE(S), PRINT NEF ONLY**(Melvin Johnson, Prisoner ID: 947366)(RE) Modified on 1/25/2022 to add CCA#. (RE) |
| Filing 14 LETTER re E-Filing, filed by Melvin Marcus Johnson **4 PAGE(S), PRINT NEF ONLY**(Melvin Johnson, Prisoner ID: 947366)(ST) |
| NOTICE TO FILER re #14 Letter. NON-COMPLIANCE WITH PRISONER E-FILING INITIATIVE. The Western District of Washington received documents from you for filing through the U.S. Postal Service. Pursuant to General Order 06-16, participation in the Prisoner E-Filing Initiative is mandatory for all prisoner litigants incarcerated at the Stafford Creek Corrections Center. These documents will be filed by the clerk in this instance, it is not necessary to refile. Please comply by submitting all future documents to be filed with this Court to the Law Librarian/designee for electronic filing. **0 PAGE(S), PRINT NEF ONLY**(Melvin Johnson, Prisoner ID: 947366)(ST) |
| Filing 13 JUDICIAL Notice re ER-201(b)(d) and 902, filed by Petitioner Melvin Marcus Johnson. (Attachments: #1 Exhibit)**5 PAGE(S), PRINT NEF ONLY**(Melvin Johnson, Prisoner ID: 947366)(ST) |
| NOTICE TO FILER re #13 Judicial Notice. NON-COMPLIANCE WITH PRISONER E-FILING INITIATIVE. The Western District of Washington received documents from you for filing through the U.S. Postal Service. Pursuant to General Order 06-16, participation in the Prisoner E-Filing Initiative is mandatory for all prisoner litigants incarcerated at the Stafford Creek Corrections Center. These documents will be filed by the clerk in this instance, it is not necessary to refile. Please comply by submitting all future documents to be filed with this Court to the Law Librarian/designee for electronic filing. **0 PAGE(S), PRINT NEF ONLY**(Melvin Johnson, Prisoner ID: 947366)(ST) |
| NOTICE TO FILER re Notice of Duplicate Documents. NON-COMPLIANCE WITH PRISONER E-FILING INITIATIVE. The Western District of Washington received documents from you for filing through the U.S. Postal Service. Pursuant to General Order 06-16, participation in the Prisoner E-Filing Initiative is mandatory for all prisoner litigants incarcerated at the Stafford Creek Corrections Center. As noted in the original Notice to Filer, the documents will NOT be filed as they are duplicates of those already filed in your case. Per the #12 Order from Judge Martinez, this case has been referred to the Court of Appeals and administratively CLOSED. Therefore, future filings must be filed directly with the Court of Appeals. **0 PAGE(S), PRINT NEF ONLY**(Melvin Johnson, Prisoner ID: 947366)(ST) |
| NOTICE TO FILER: The document(s) received via U.S. Mail were not posted as they are duplicates of those filed with the #1 Motion for IFP and #5 2241 Petition. Per Judge Martinez's #12 Order, this case has been referred to the Court of Appeals and administratively CLOSED. If the court receives duplicates of documents in the future, they will be discarded without further notice. All documents must be filed directly with the Court of Appeals. **0 PAGE(S), PRINT NEF ONLY**(Melvin Johnson, Prisoner ID: 947366)(ST) |
Filing 12
ORDER REFERRING CASE TO THE COURT OF APPEALS, by Judge Ricardo S. Martinez. The Court ADOPTS the #7 REPORT AND RECOMMENDATION. The Court DENIES the Petitioner's #10 Motion for Stay. The Clerk shall REFER the #5 2241 Petition to the Court of Appeals for the Ninth Circuit for review as a second or successive habeas petition. The Clerk shall administratively CLOSE the matter. (Ad Hoc: COA for Ninth Circuit) **2 PAGE(S), PRINT ALL**(Melvin Johnson, Prisoner ID: 947366)(ST)
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| ***Civil Case Terminated re #12 Order. **DO NOT PRINT**(Melvin Johnson, Prisoner ID: 947366)(ST) |
| Filing 11 MOTION to Replace Respondent re #5 2241 Petition,, filed by Petitioner Melvin Marcus Johnson. (Attachments: #1 Exhibit, #2 Note for Motion Docket, #3 Civil Cover Sheet)**102 PAGE(S), PRINT NEF ONLY**(Melvin Johnson, Prisoner ID: 947366)(ST) |
| Filing 10 MOTION to Stay #7 Report and Recommendations, filed by Petitioner Melvin Marcus Johnson. (Attachments: #1 Proposed Order)**6 PAGE(S), PRINT NEF ONLY**(Melvin Johnson, Prisoner ID: 947366)(ST) |
| Filing 9 Notice of Filing Deficiency re #5 2241 Petition for Writ of Habeas Corpus; #8 Objections (Motion to Strike) to #7 Report and Recommendations, by Petitioner Melvin Marcus Johnson. ***Action Required*** Document(s) Illegible.See attached letter for more information and instructions. (Attachments: #1 Objections to R&R (motion to strike), #2 Affidavit of Filer re Objections (motion to strike), #3 PROPOSED Order, #4 Memorandum of Law, #5 Affidavit in Support of Writ of Habeas Corpus, #6 Application for Writ of Habeas Ad Subjiciendum) **21 PAGE(S), PRINT ALL**(Melvin Johnson, Prisoner ID: 947366)(ST) |
| Filing 8 OBJECTIONS to #7 Report and Recommendations, by Petitioner Melvin Marcus Johnson. Noting Date 1/7/2022. (Attachments: #1 Affidavit of Filer, #2 PROPOSED Order, #3 Letter from Filer, #4 Duplicate Documents (posted when case was opened)) NOTICE: Documents are interpreted to be objections to #7 Report and Recommendation. In response to filer's letter (Dkt. 8-3), #5 2241 Petition was filed after the IFP was granted; #6 Motion for Service by U.S. Marshal was filed when received. After an IFP is granted, the #5 2241 Petition is again posted on the docket. For document(s) submitted to the court for filing, petitioner will receive confirmation that the document(s) were posted and the number of pages received. **31 PAGE(S), PRINT NEF ONLY**(Melvin Johnson, Prisoner ID: 947366)(ST) |
| Filing 7 REPORT AND RECOMMENDATION, by Hon. Brian A Tsuchida re #5 2241 Petition. Objections to R&R due by 12/27/2021; Noting Date 12/31/2021. (Attachments: #1 PROPOSED Order Referring to the Court of Appeals)**6 PAGE(S), PRINT ALL**(Melvin Johnson, Prisoner ID: 947366)(ST) |
| Filing 6 MOTION for Service by U.S. Marshal, filed by Petitioner Melvin Marcus Johnson. **DO NOT PRINT**(Melvin Johnson, Prisoner ID: 947366)(ST) |
| Filing 5 2241 PETITION for Writ of Habeas Corpus, filed by Melvin Marcus Johnson. (Attachments: #1 Exhibit, #2 Memorandum of Law, #3 Affidavit of Filer in Support of Petition, #4 Application for Writ of Habeas Ad Subjiciendum)**DO NOT PRINT**(Melvin Johnson, Prisoner ID: 947366)(ST) (Fee Pending) |
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Filing 4
ORDER GRANTING #1 MOTION TO PROCEED IN FORMA PAUPERIS, by Hon. Brian A Tsuchida. **1 PAGE(S), PRINT ALL**(Melvin Johnson, Prisoner ID: 947366)(ST)
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| NOTICE TO FILER: Please disregard #3 IFP Deficiency Letter. The IFP does not need to be certified as the prison trust account statement was certified by the facility. **0 PAGE(S), PRINT NEF ONLY**(Melvin Johnson, Prisoner ID: 947366)(ST) |
| REFERRING #1 Motion for Leave to Proceed In Forma Pauperis to Judge Brian A Tsuchida. **DO NOT PRINT**(Melvin Johnson, Prisoner ID: 947366)(ST) |
| Filing 3 DISREGARD Notice of Filing Deficiency re #1 Application. ***Action Required***See attached letter for more information and instructions. Filer has until 1/5/2022 to correct IFP application (Attachments: #1 IFP form) **3 PAGE(S), PRINT ALL**(Melvin Johnson, Prisoner ID: 947366)(ST) Modified on 12/8/2021. Deficiency stricken as IFP does not need to be certified by facility. (ST) |
| Filing 1 MOTION APPLICATION to Proceed In Forma Pauperis by Petitioner Melvin M Johnson. (Attachments: #1 PROPOSED 2241 Petition for Writ of Habeas Corpus, #2 Exhibit, #3 Memorandum of Law, #4 Affidavit of Filer in Support of Petition, #5 Proposed Order Directing Issue of Writ of Habeas Corpus and Hearing Setting, #6 Proposed Order to Show Cause, #7 Application for Writ of Habeas Corpus Ad Subjiciendum, #8 Notice of Issue Concerning Foreign Law, #9 Writ of Habeas Corpus and Notice of Hearing, #10 PROPOSED Motion for Service by U.S. Marshal's Service, #11 Summons, #12 Note for Motions Docket, #13 Notice of Appearance by Filer, #14 Civil Cover Sheet, #15 Prison Trust Account Statement)**42 PAGE(S), PRINT NEF ONLY**(Melvin Johnson, Prisoner ID: 947366)(ST) Modified on 12/8/2021. Petitioner submitted certified copy of prison trust account statement and therefore, the IFP does not need to be certified. (ST) |
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| Petitioner: Melvin Marcus Johnson | |
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| Respondent: Dan Van Ogle | |
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