Free Letter re Appeal - District Court of Colorado - Colorado

CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02321-EWN-MJW Document 35-3

Filed 04/04/2007

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ALLMTN, APPEAL, REOPEN

U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:03-cv-02321-EWN-MJW Internal Use Only

Price v. Reid, et al Assigned to: Judge Edward W. Nottingham Referred to: Magistrate Judge Michael J. Watanabe Demand: $0 Cause: 28:2254 Petition for Writ of Habeas Corpus (State) Petitioner Raymond Arthur Price

Date Filed: 11/20/2003 Jury Demand: None Nature of Suit: 530 Habeas Corpus (General) Jurisdiction: Federal Question

represented by Raymond Arthur Price #66072 CCF Centennial Correctional Facility P.O. Box 600 Canyon City, CO 81215 PRO SE

V. Respondent Supt. Reid represented by Laurie A. Booras Colorado Attorney General's Office 1525 Sherman Street 5th Floor Denver, CO 80203 303-866-5785 Fax: 303-866-3955 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Respondent Colorado Attorney General represented by Laurie A. Booras (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 11/10/2003

#

Docket Text 1 MOTION by petitioner to proceed Under 28 U.S.C. 1915 (bpm) (Entered: 11/20/2003)

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?422273890462484-L_353_0-1

4/4/2007

CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02321-EWN-MJW Document 35-3

Filed 04/04/2007

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11/20/2003

2 ORDER by Magistrate Judge O. E. Schlatter directing clerk to commence civil action and directing applicant to cure deficiencies within 30 days. 28 USC 1915 motion and affidavit is missing certified copy of prisoner's trust fund statement for the 6-month period immediately preceding this filing (account statement submitted is not certified by a prison official). regarding [1-1] motion to proceed Under 28 U.S.C. 1915 (cc: all counsel) ; entry date : 11/20/03 (bpm) (Entered: 11/20/2003) 3 APPLICATION FOR WRIT OF HABEAS CORPUS by a person in state custody (bpm) (Entered: 11/20/2003) 4 Inmate trust fund account STATEMENT by petitioner Raymond Arthur Price re: order [2-1] (pap) (Entered: 12/10/2003) 5 ORDER by Magistrate Judge O. E. Schlatter denying petitioner's motion to proceed Under 28 U.S.C. 1915 [1-1]; full filing fee of $5.00 is due within 30 days (cc: all counsel) ; entry date : 12/16/03 (pap) (Entered: 12/16/2003) 6 OBJECTION to Order denying IFP of 12/16/03 by petitioner concerning order [5-1] (document actually entitled "Notice of Appeal/and Move to the Court of Appeals to go Forward IFP") (msn) (Entered: 01/05/2004) 7 ORDER by Judge Zita L. Weinshienk denying applicant's OBJECTION to Order denying IFP of 12/16/03 [6-1], Mr. Price is order to comply with [5-1] order within 30 days; (cc: all counsel) ; entry date : 1/22/04 (pap) (Entered: 01/22/2004) 8 LETTER to court from petitioner Raymond Arthur Price re: order [7-1] (pap) (Entered: 02/12/2004) FILING FEE PAID: on 2/11/04 in the amount of $ 5.00, receipt # 249689. (pap) (Entered: 02/12/2004) 9 ORDER by Magistrate Judge O. E. Schlatter directing applicant to file amended application and to show cause within 30 days (cc: all counsel) ; entry date : 3/1/04 (pap) (Entered: 03/01/2004) 10 AMENDED habeas corpus petition [3-1] PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 USC 2254 (pap) (Entered: 03/18/2004) 11 AMENDED habeas corpus petition [3-1] PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 USC 2254 (pap) (Entered: 03/18/2004) 12 LETTER to court from petitioner Raymond Arthur Price requesting status of case. (pap) (Entered: 04/22/2004) 13 Order and JUDGMENT of Dismissal: by Judge Zita L. Weinshienk; denying habeas corpus petition [10-1], denying habeas corpus petition [11-1] dismissing case w/o prejudice for failure to comply ; judgment is entered in favor of Respondents and against applicant (cc: all counsel) ; entry date : 4/27/04 (pap) (Entered: 04/27/2004)

11/20/2003 12/09/2003 12/16/2003

01/02/2004

01/21/2004

02/11/2004 02/11/2004 02/27/2004

03/15/2004

03/15/2004

04/20/2004 04/23/2004

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?422273890462484-L_353_0-1

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02321-EWN-MJW Document 35-3

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14 NOTICE OF APPEAL by petitioner re: judgment [13-2] filed 4/23/04; COA pending; Notice mailed to all counsel on 5/6/04; Fee Status: not paid & no 1915 motion filed (msn) (Entered: 05/06/2004) 15 NOTIFICATION by Circuit Court of assignment of Case No. [14-1] 041190; Filing fees due or 1915 motion filed within 30 days (msn) (Entered: 05/10/2004) 16 ORDER DENYING CERTIFICATE OF APPEALABILTIY by Judge Zita L. Weinshienk; regarding [14-1] appeal ; COA order ddl held on 5/14/04 (cc: all counsel) ; entry date : 5/17/04 (msn) (Entered: 05/17/2004) 17 MOTION by petitioner for leave to appeal Under 28 U.S.C. 1915 (msn) (Entered: 05/17/2004) 18 ORDER by Judge Zita L. Weinshienk denying applicant's motion for leave to appeal Under 28 U.S.C. 1915 [17-1] regarding [14-1] appeal (cc: all counsel) ; entry date : 5/24/04 (msn) (Entered: 05/24/2004) 19 ORIGINAL FILE transmitted to the Court of Appeals for their use in determining the appeal fee status and whether a COA will issue; re: (appeal [14-1] ) (msn) (Entered: 05/24/2004) 20 LETTER (Re: [14-1]) from USCA advising appellant he has 40 days to either pay the $255 appellate filing fees to USDC or file a 1915 motion with USCA (msn) (Entered: 05/27/2004) 22 ORDER and Judgment of USCA dated 1/6/06 reversing the USDC and remanding to the USDC for further proceedings consistent with the USCA decision as to [14] Notice of Appeal filed by Raymond Arthur Price. (djs, ) (Entered: 04/14/2006) 21 Appeal Record Returned: original file returned re: [14] Notice of Appeal. Text Only Entry - No Document Attached (djs, ) (Entered: 04/12/2006) 23 ORDER Reinstating and Drawing Case. Pursuant to the 22 USCA Mandate, this civil action is reinstated and assigned to Judge Nottingham and Magistrate Judge Watanabe. Signed by Judge Zita L. Weinshienk on 4/20/06. (gms, ) (Entered: 04/21/2006) 24 Letter from Clerk to Plaintiff advising of case assignment to Judge Nottingham re 23 Order. (pap, ) (Entered: 04/24/2006) 25 ORDER REFERRING CASE (including dispositive motions) to Magistrate Judge Michael J. Watanabe by Judge Nottingham. (ewnsec, ) (Entered: 04/24/2006) 26 ORDER TO ANSWER: directed to Respondents. Response due by 5/24/2006. Signed by Judge Edward W. Nottingham on 4/24/06. (pap, ) (Entered: 04/25/2006) 27 Acknowledgement of SUMMONS Returned Executed by Colorado Attorney General. Colorado Attorney General served on 4/24/2006,

05/10/2004

05/14/2004

05/14/2004 05/21/2004

05/24/2004

05/26/2004

01/06/2006

04/11/2006 04/20/2006

04/24/2006 04/24/2006

04/24/2006

04/25/2006

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02321-EWN-MJW Document 35-3

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answer due 5/15/2006. (pap, ) (Entered: 04/25/2006) 04/25/2006 28 WAIVER and Acceptance OF SERVICE Returned Executed by Teresa Reynolds, Office of Correctional Legal Services. Supt. Reid waiver sent on 4/25/2006, answer due 6/26/2006. (pap, ) (Entered: 04/25/2006) 29 RESPONSE to Petition for Writ of Habeas Corpus by Supt. Reid, Colorado Attorney General. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H)(Booras, Laurie) (Entered: 05/24/2006) 30 TRAVERSE re 29 Respondents' Response to Habeas Petition by Petitioner Raymond Arthur Price. Actually titled Reply Brief of Applicant to Answer. (pap, ) (Entered: 06/08/2006) 31 RECOMMENDATION that the [10], [11] Amended Application for a Writ of Habeas Corpus be Denied and Dismissed with Prejudice. Signed by Magistrate Judge Michael J. Watanabe on 2/26/07. (pap, ) (Entered: 02/26/2007) 32 NOTICE re: Recommendation on Application for Writ of Habeas Corpus by Petitioner Raymond Arthur Price (pap, ) (Entered: 03/07/2007) 33 ORDER Accepting 31 Magistrate Judge's Recommendation. The amended application is denied and dismissed with prejudice. Signed by Judge Edward W. Nottingham on 4/2/07.(pap, ) (Entered: 04/02/2007) 34 NOTICE OF APPEAL as to 31 REPORT AND RECOMMENDATIONS, 33 Order on Report and Recommendations by Petitioner Raymond Arthur Price. Fee Status: Fees not paid; 1915 Motion not filed. Notice mailed to all counsel on 04/04/07. (Attachments: # 1 Envelope)(bjr2, ) (Entered: 04/04/2007)

05/24/2006

06/07/2006

02/26/2007

03/07/2007 04/02/2007

04/02/2007

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?422273890462484-L_353_0-1

4/4/2007