Hershfeldt v. Stewart, et al
Arizona District Court, Case No. 2:02-cv-02035-DGC
District Judge David G Campbell, presiding
docket://gov.uscourts.azd.2-02-cv-02035 (What is this?)

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No Logo Peter Andrew Hershfeldt, Petitioner
No Logo Arizona Attorney General, State of, Respondent

Toggle Switch Represented by Office of the Arizona Attorney General

Name Phone Fax E-Mail
John Linden Saccoman +1 602 542 8572 +1 602 542 4849 john.saccoman@azag.gov
No Logo Dora Schriro, Respondent

Toggle Switch Represented by Office of the Arizona Attorney General

Name Phone Fax E-Mail
John Linden Saccoman +1 602 542 8572 +1 602 542 4849 john.saccoman@azag.gov
Office Phoenix Division
Filed 10/15/2002
Jury Demand None
Demand $0
Nature of Suit 530 - Habeas Corpus General
Cause Section 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County Pinal
Terminated 6/30/2004
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags PPS, TERMED
  Entries (36) Calendar Events Related (0) Tools Right End
Blank 36 Filed: 6/30/2004, Entered: 6/30/2004 JudgmentCourt Filing
JUDGMENT: IT IS ORDERED AND ADJUDGED the Court has accepted and adopted the Magistrate Judge's Report and Recommendation, Petitioner's Amended Petition for Writ of Habeas Corpus is dismissed without prejudice. Petitioner shall take nothing. (cc: all counsel) re: judgment [36-1] (KMG)
Blank 35 Filed: 6/30/2004, Entered: 6/30/2004 OrderCourt Filing
ORDER by Judge David G. Campbell that United Stated Magistrate Judge Virginia A. Mathis' REPORT AND RECOMMENDATION (doc.#34) is Accepted. FURTHER ORDERED that Petitioner Andrew Hershfeldt's Motion to dismiss habeas petition without prejudice [33-1] is granted. FURTHER ORDERED that Petitioner Andrew Hershfeldt's Amended Petition for Writ of Habeas Corpus (doc.#12) is dismissed without prejudice. FURTHER ORDERED that Petitioner's Motions to Extend Time to File Reply [30-29] are denied as moot. FURTHER ORDERED that the Clerk shall terminate this action. to dismiss case (cc: all counsel) (KMG)
Blank 34 Filed: 5/25/2004, Entered: 5/25/2004, Terminated: 6/30/2004 Report and RecommendationCourt Filing
REPORT AND RECOMMENDATION by Mag Judge Virginia A. Mathis recommending dismissal without prejudice of the amended petition for writ of habeas corpus (cc: all counsel/DGC) (LAD)
Blank 33 Filed: 5/20/2004, Entered: 5/24/2004, Terminated: 6/30/2004 Motion to Dismiss Case
AMENDED MOTION to dismiss habeas corpus petition without prejudice by petitioner Peter Andrew Hershfeldt [33-1] (LAD)
Blank 32 Filed: 5/14/2004, Entered: 5/14/2004 OrderCourt Filing
ORDER by Mag Judge Virginia A. Mathis that petitioner shall have until 5/28/04 to file the statement with the Court outlined in the body of this order (cc: all counsel) re: order filed [32-1] (LAD)
Blank 31 Filed: 3/31/2004, Entered: 4/1/2004 Motion to Dismiss Case
MOTION to dismiss habeas corpus petition without prejudice by petitioner Peter Andrew Hershfeldt [31-1] (LAD)
Blank 30 Filed: 2/27/2004, Entered: 3/3/2004 Motion for Extension of Time
MOTION to extend time (until 3/30/04 to file reply/traverse to respondents' supplemental answering brief) by petitioner Peter Andrew Hershfeldt [30-1] (no proposed document) (LAD)
Blank 29 Filed: 2/11/2004, Entered: 2/18/2004 Motion for Extension of Time
MOTION/REQUEST to extend time (to file reply to supplemental answer) by petitioner Peter Andrew Hershfeldt [29-1] (no proposed document) (LAD)
Blank 28 Filed: 2/11/2004, Entered: 2/18/2004 Notice of Change of Address
NOTICE by petitioner Peter Andrew Hershfeldt of incorrect address (the Court already has petitioner's correct address in ICMS - verified 2/18/04) (LAD)
Blank 27 Filed: 1/26/2004, Entered: 1/27/2004 Response to Habeas Petition
SUPPLEMENTAL RESPONSE (ANSWER) by respondent AZ Attorney General, respondent Dora Schriro to petition for writ H/C (amended) (LAD)
Blank 26 Filed: 12/23/2003, Entered: 12/23/2003 OrderCourt Filing
ORDER by Mag Judge Virginia A. Mathis granting motion to extend time to file supplemental answer to petition for writ H/C amended [12-1] (until 1/26/04) by respondent AZ Attorney General, respondent Dora Schriro [25-1] (no proposed document); there will be no further continuances (cc: all counsel) (LAD)
Blank 25 Filed: 12/19/2003, Entered: 12/23/2003 Motion for Extension of Time to File Answer
MOTION to extend time to file supplemental answer to petition for writ H/C amended [12-1] (until 1/26/04) by respondent AZ Attorney General, respondent Dora Schriro [25-1] (no proposed document) (LAD)
Blank 24 Filed: 12/3/2003, Entered: 12/3/2003 OrderCourt Filing
ORDER by Mag Judge Virginia A. Mathis that respondents shall have until 12/26/03 to file a supplemental brief addressing the merits of petitioner's habeas claims (grounds I-III of the 2nd amended petition for writ H/C [12-1]); FURTHER ORDERED that respondents shall attach to the supplemental answer copies of petitioner's 2001 state habeas petition and the briefs in support filed in the Pinal County Superior Court and the AZ Court of Appeals, as well as copies of decisions issued by those courts; if any factual evidentiary hearing was held in relation to the state habeas petition, respondents shall file a transcript of those proceedings (cc: all counsel) (LAD)
Blank 23 Filed: 9/17/2003, Entered: 9/22/2003 Status Report
STATUS REPORT for Sept 2003 by respondent (DMT)
Blank 22 Filed: 9/5/2003, Entered: 9/5/2003 OrderCourt Filing
ORDER by Mag Judge Virginia A. Mathis granting motion to extend time to file reply to State's answer to petition for writ of habeas corpus (for 40 days) by petitioner Peter Andrew Hershfeldt [19-1] (no proposed document) (cc: all counsel) (LAD)
Blank 21 Filed: 8/28/2003, Entered: 8/28/2003 Minutes - MiscellaneousCourt Filing
The Court has ORDERED that effective September 15, 2003, the above captioned matter is reassigned to Judge David G. Campbell for all further proceedings. Any hearing, conference, or trial scheduled to be held between 9/15/03 and 9/30/03 is vacated. All other matters remain as scheduled. It is FURTHER ORDERED that counsel review and comply with the attached Instruction from Judge David G. Campbell. All further pleadings and papers filed in this action on or after 9/15/03 should bear the complete case number and judges initials, as shown above. (cc: all counsel/DGC/ PGR) [21-1] (MAP)
Blank 20 Filed: 7/23/2003, Entered: 7/24/2003 Traverse
TRAVERSE (REPLY) by petitioner Peter Andrew Hershfeldt to response to petition [18-1] (LAD)
Blank 19 Filed: 6/11/2003, Entered: 6/16/2003, Terminated: 9/5/2003 Motion for Extension of Time
MOTION to extend time to file reply to State's answer to petition for writ of habeas corpus (for 40 days) by petitioner Peter Andrew Hershfeldt [19-1] (no proposed document) (LAD)
Blank 18 Filed: 6/4/2003, Entered: 6/6/2003 Response to Habeas Petition
RESPONSE/Answer by respondents to Petition for Writ of Habeas Corpus (amended) with Exhibits A-R attached (SAT)
Blank 17 Filed: 5/14/2003, Entered: 5/14/2003 OrderCourt Filing
ORDER by Mag Judge Virginia A. Mathis granting motion to extend time to answer [16-1]; FURTHER ORDERED that Respondents are granted a 30 day extension of time until 6/4/03 to file their Answer to Petitioner's Petition for Writ H/C amended [12-1] (cc: all counsel) (SAT)
Blank 16 Filed: 4/30/2003, Entered: 5/2/2003, Terminated: 5/14/2003 Motion for Extension of Time to File Answer
MOTION to extend time to answer petition for writ H/C amended [12-1] (until 6/4/03) by respondent Terry L Stewart, respondent AZ Attorney General [16-1] (proposed answer/response not provided) (LAD)
Blank 15 Filed: 3/31/2003, Entered: 4/2/2003 Notice of Appearance
Notice of ATTORNEY APPEARANCE for respondents by John Linden Saccoman (SAT)
Blank 14 Filed: 3/25/2003, Entered: 3/27/2003 Summons Returned Executed - Complaint/Habeas Petit
RETURN OF SERVICE EXECUTED summons/petition upon respondent AZ Attorney General by certified mail service upon Randall Howe on 3/24/03 (LAD)
Blank 13 Filed: 3/21/2003, Entered: 3/21/2003 OrderCourt Filing
ORDER by Judge Paul G. Rosenblatt denying as moot the motion to be provided with transcript of record on appeal by petitioner Peter Andrew Hershfeldt [4-2]; that a copy of the 2nd amended petition for writ H/C [12-1] and this order be served by the Clerk of Court upon the respondent and the Attorney General of the State of Arizona by certified mail; Case referred to Mag Judge Virginia A. Mathis (cc: all counsel/VAM) (LAD)
Blank 12 Filed: 3/19/2003, Entered: 3/21/2003, Terminated: 12/23/2003 Amended Petition for Writ of Habeas Corpus
AMENDED petition for writ H/C [1-1] (LAD)
Blank 11 Filed: 3/7/2003, Entered: 3/7/2003 OrderCourt Filing
ORDER by Judge Paul G. Rosenblatt that this action is construed as a petition for writ of habeas corpus pursuant to 28 USC section 2254; ORDERED dismissing the petition for writ H/C (amended [9-1] with leave to amend; the Clerk of Court is directed to enter dismissal of this action without prejudice if petitioner fails to file an amended petition within 30 days; spec. prisoner ddl set for 4/7/03 ; the Clerk of Court is directed to provide to petitioner a form for filing a petition for writ of habeas corpus pursuant to 28 USC section 2254 (cc: all counsel) (petition form sent to petitioner with copy of this order) (LAD)
Blank 10 Filed: 2/28/2003, Entered: 3/4/2003 Supplement
SUPPLEMENTAL pleading by petitioner in support of petition for writ H/C (amended [9-1] (DMT)
Blank 9 Filed: 2/14/2003, Entered: 2/19/2003 Amended Petition for Writ of Habeas Corpus
AMENDED petition for writ H/C [1-1] (LAD)
Blank 8 Filed: 1/13/2003, Entered: 1/13/2003 OrderCourt Filing
ORDER by Judge Paul G. Rosenblatt denying motion for reconsideration and reinstatement of initial habeas corpus petition as properly filed under 28 USC section 2254 by petitioner Peter Andrew Hershfeldt [7-1]; petitioner shall have 30 days from the date of filing of this order to file an amended petition; the Clerk of Court shall dismiss this action without prejudice if petitioner fails to file an amended petition within 30 days; spec. prisoner ddl set for 2/12/03 ; the Clerk of Court is directed to provide to petitioner a current court-approved form for filing a petition for writ of habeas corpus pursuant to 28 USC section 2241 (cc: all counsel) (2241 petition form sent to petitioner with copy of this order) (LAD)
Blank 7 Filed: 12/19/2002, Entered: 12/23/2002, Terminated: 1/13/2003 Motion for Reconsideration
MOTION for reconsideration and reinstatement of initial habeas corpus petition as properly filed under 28 USC section 2254 by petitioner Peter Andrew Hershfeldt [7-1] (LAD)
Blank 6 Filed: 11/25/2002, Entered: 11/27/2002 Mail Returned
RETURNED MAIL addressed to: Peter Andrew Hershfeldt re order filed [5-2]; "returned to sender, not at ASPC-E" (LAD)
Blank 5 Filed: 11/19/2002, Entered: 11/19/2002 OrderCourt Filing
ORDER by Judge Paul G. Rosenblatt granting motion to extend time to file amended habeas corpus petition (by 15 days) by petitioner Peter Andrew Hershfeldt [4-1] (proposed petition not provided); petitioner shall have 30 days to file an amended petition; the Clerk of Court shall dismiss this action without prejudice if petitioner fails to file an amended petition within 30 days; spec. prisoner ddl set for 12/19/02 ; the Clerk of Court is directed to provide to petitioner a current court-approved form for filing a petition for writ of habeas corpus pursuant to 28 USC section 2241 (cc: all counsel) (petition form sent to petitioner with copy of this order) (LAD)
Blank 4 Filed: 11/6/2002, Entered: 11/12/2002, Terminated: 11/19/2002 Motion for Extension of Time
MOTION to extend time to file amended habeas corpus petition (by 15 days) by petitioner Peter Andrew Hershfeldt [4-1] (proposed petition not provided) and to be provided with transcript of record on appeal by petitioner Peter Andrew Hershfeldt [4-2] (LAD)
Blank 3 Filed: 10/28/2002, Entered: 10/28/2002 OrderCourt Filing
ORDER by Judge Paul G. Rosenblatt dismissing the petition for writ H/C [1-1] with leave to amend; petitioner shall have 30 days to file an amended petition using the court- approved form; the Clerk of Court shall dismiss this action without prejudice if petitioner fails to file an amended petition within 30 days; spec. prisoner ddl set for 11/27/02 ; the Clerk of the Court is directed to provide to petitioner a current court-approved form for filing a petition for writ of habeas corpus (cc: all counsel) (petition form sent to petitioner with copy of this order) (LAD)
Blank 2 Filed: 10/15/2002, Entered: 10/16/2002 Notice Of AssignmentCourt Filing
NOTICE of Assignment; case is assigned to Judge Paul G. Rosenblatt and is referred to Virginia A. Mathis (PS) and Court's Legal Staff for review. (TLJ)
Blank 1 Filed: 10/15/2002, Entered: 10/16/2002 Petition for Writ of Habeas Corpus
PETITION FOR WRIT OF HABEAS CORPUS (TLJ) Modified on 02/19/2003

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