Erwin v. Warner
| Kevin Harley Erwin |
| Jack Warner |
| 3:2024cv05880 |
| October 16, 2024 |
| U.S. District Court for the Western District of Washington |
| Grady J Leupold |
| Tana Lin |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on November 27, 2024. A more recent docket listing may be available from PACER.
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Filing 11
ORDER denying Petitioner's #7 Motion to Stay. Pursuant to the Court's Order for Service, Response, and Answer (Dkt. #8 ), the deadline for Respondent to file and serve an answer to the Petition is January 13, 2025. Signed by Magistrate Judge Grady J Leupold.**2 PAGE(S), PRINT ALL**(Kevin Erwin, Prisoner ID: 318874)(MW)
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| Filing 10 RESPONSE, by Respondent Jack Warner, to #7 MOTION to Stay. **PRINT ALL**(Kevin Erwin, Prisoner ID: 318874)(Samson, John) |
| Filing 9 NOTICE of Appearance by attorney John Joseph Samson on behalf of Respondent Jack Warner. **PRINT ALL**(Kevin Erwin, Prisoner ID: 318874)(Samson, John) |
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Filing 8
ORDER FOR SERVICE, RESPONSE, AND ANSWER, 2254 PETITION. The Clerk shall arrange for service, by e-mail upon Respondent and upon the Attorney General of the State of Washington, of the following document copies: the Petition, any other documents filed in support of the Petition, and this Order. The Clerk shall also direct a copy of this Order and of the Courts pro se instruction sheet to Petitioner.At this time, Respondent is directed to respond only to Petitioner's Motion to Stay and Abey. Respondent shall file his response on or before 11/13/2024, and Petitioner may file a reply on or before 11/20/2024. The Clerk of Court is directed to note the Motion to Stay and Abey (Dkt. #7 ) for consideration on 11/20/2024.Within forty-five (45) days after the Court has issued an order on the Motion to Stay (or, if a stay is granted, from the time the stay is lifted), Respondent shall file and serve an answer in accordance with Rule 5 of the Rules Governing Section 2254 Cases in United States District Courts. The answer will be treated in accordance with LCR 7. Accordingly, on the face of the answer, Respondent shall note it for consideration no earlier than 28 days after filing. Petitioner may file and serve a response not later than 21 days after the filing date of the answer, and Respondent may file and serve a reply not later than 28 days after the filing date of the answer. Signed by Magistrate Judge Grady J Leupold. (Attachments: #1 Pro Se Instruction Sheet)**5 PAGE(S), PRINT ALL**(Kevin Erwin, Prisoner ID: 318874)(CJS)(Order, #6 Petition, #7 Motion to AG for Respondent via email)
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| Filing 7 MOTION to Stay and Abey Protective Petition, filed by Petitioner Kevin Harley Erwin. Noting Date 11/20/2024, **3 PAGE(S), PRINT NEF ONLY**(Kevin Erwin, Prisoner ID: 318874)(CJS) |
| Filing 6 PETITION for Writ of Habeas Corpus (IFP Granted) filed by Kevin Harley Erwin.**19 PAGE(S), PRINT NEF ONLY**(Kevin Erwin, Prisoner ID: 318874)(CJS) |
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Filing 5
ORDER granting Petitioner's #4 Motion for Leave to Proceed In Forma Pauperis. Signed by Magistrate Judge Grady J Leupold.**1 PAGE(S), PRINT ALL**(Kevin Erwin, Prisoner ID: 318874)(CJS)
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| Filing 4 MOTION for Leave to Proceed In Forma Pauperis before Judge Grady J. Leupold filed by Kevin Harley Erwin. (Attachments: #1 Proposed Petition for Writ Of Habeas Corpus, #2 Proposed Motion to Stay and Abey)**25 PAGE(S), PRINT NEF ONLY**(Kevin Erwin, Prisoner ID: 318874)(CJS) |
| Filing 3 Notice of Filing Deficiency re #1 Proposed Document(s),. ***Action Required*** Incorrect IFP Form, Unsigned Complaint/Petition.See attached letter for more information and instructions. Filer has until 11/18/2024 to correct IFP application (Attachments: #1 IFP Form, #2 Signature page 16 of Petition) **4 PAGE(S), PRINT ALL**(Kevin Erwin, Prisoner ID: 318874)(CJS) Modified to add Prisoner ID and regenerated NEF on 10/17/2024 (CJS). |
| Filing 2 LETTER to Filer re case number and Judge assignment. **1 PAGE(S), PRINT ALL**(Kevin Erwin, Prisoner ID: 318874)(CJS) Modified to add Prisoner ID and regenerated NEFon 10/17/2024 (CJS). |
| Filing 1 PROPOSED Application to Proceed In forma Pauperis filed by Petitioner Kevin Harley Erwin. (Attachments: #1 Proposed Petition for Writ Of Habeas Corpus, #2 Proposed Motion to Stay and Abey)**25 PAGE(S), PRINT NEF ONLY**(Kevin Erwin, Prisoner ID: 318874)(CJS) Modified to add Prisoner ID and regenerated NEF on 10/17/2024 (CJS). |
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| Petitioner: Kevin Harley Erwin | |
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| Respondent: Jack Warner | |
| Represented By: | John Joseph Samson |
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