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16-259 - Ortiz vs. State of Hawaii


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16-259 - Ortiz vs. State of Hawaii
June 6, 2016
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ORDER DISMISSING PETITION WITH LEAVE TO AMEND re 1 - Signed by JUDGE SUSAN OKI MOLLWAY on 6/6/2016. "(1) The Petition is DISMISSED with leave to amend on or before July 5, 2016. Ortiz must file the amended petition on court forms, name the proper respondent, clarify which conviction he challenges, assert the federal bases for such claims, and detail the facts supporting those grounds. (2) Ortiz is NOTIFIED that his Petition appears time-barred on its face. He is DIRECTED to explain why his claims are not time-barred under 28 U.S.C. ยง 2244(d), or why he is entitled to equitable tolling. (3) Ortiz is DIRECTED to submit the filing fee or an in forma pauperis application as previously directed. See Doc. No. 4. He need not submit another prison trust account statement. (4) The Clerk of Court SHALL send Ortiz a blank petition for writ of habeas corpus and an in forma pauperis application and instructions so he may comply with this order. (5) Failure to timely comply with the directions in this Order SHALL result in dismissal of this action without prejudice." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Larry James Ortiz shall be served by first class mail at the address of record on June 7, 2016. A copy of the court's petition for writ of habeas corpus form and in forma pauperis application shall be included in the mailing to Mr. Ortiz.
December 22, 2016
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ORDER SETTING PRELIMINARY HEARING re 20 - Signed by JUDGE SUSAN OKI MOLLWAY on 12/22/2016. Show Cause Hearing set for 2/6/2017 09:45 AM before JUDGE SUSAN OKI MOLLWAY. Motion terminated: 20 REQUEST to Enter Brief of Amicus Curiae filed by Mickey A. Maddox. Mickey A. Maddox terminated. "(1) A hearing is hereby scheduled for Monday, February 6, 2017, at 9:45 a.m. Ortiz should be prepared to explain how his alleged inability to read and write prevented him from timely challenging his conviction and sentence in the federal court. (2) Respondent is DIRECTED to ensure that someone at the prison has read this Order to Ortiz. (3) Respondent may submit any documents tending to refute Ortiz's claims that he is illiterate and was therefore unable to pursue relief on his claims in this court on or before Monday, January 30, 2017. Respondent must ensure, however, that Ortiz receives any documents submitted to the court at least three working days before the hearing, and that these documents have been timely read to Ortiz. (4) The court will thereafter decide whether to schedule further hearings or to request more briefing. (5) Maddox's Request to Enter Brief of Amicus Curiae, ECF No. 20, is DENIED. " (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Larry James Ortiz and Mickey Maddox shall be served by first class mail at the addresses of record on December 23, 2016.
February 13, 2017
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ORDER REGARDING PETITIONER'S LEGAL FILES re 31 - Signed by JUDGE SUSAN OKI MOLLWAY on 2/13/2017. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF).
March 24, 2017
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ORDER DISMISSING AMENDED PETITION AS TIME-BARRED AND DENYING CERTIFICATE OF APPEALABILITY re: 15. Signed by JUDGE SUSAN OKI MOLLWAY on 3/24/2017. (afc)WRITTEN ORDER. Minutes of hearings re: 28:2254 Petition:February 6, 2017 hearing: ECF no. 29February 13, 2017 hearing: ECF no. 31March 17, 2017 hearing: ECF no. 38.CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on Tuesday, March 28, 2017.