Hawaii District Court, Case No. 1:04-cv-00663-SOM-KSC:
Matias v. Peyton, et al
Judge SUSAN OKI MOLLWAY, presiding

Tags No tags have been applied so far. Sign in to add some.
No Logo Dennis Matias, Petitioner

Peter C. Wolff
Office of Defender Services
Phone: +5412 541 541 2521
Fax: +5413 541 541 3545
E-Mail: peter_wolff@fd.org

No Logo Jim Cooke, Respondent

Ryan C. Yeh
Office of Corporation Counsel-Honolulu
Phone: +5 234 158 main

No Logo John F. Peyton, Respondent

Ryan C. Yeh
Office of Corporation Counsel-Honolulu
Phone: +5 234 158 main

Mark J. Bennett
Phone: +5297 529 529 7300

If you have to read legalese all day, make it pretty.
Citations, analytics, filtering, commenting, judge profiles, and more—as low as $99 per month.
Office Hawaii
Filed 11/10/2004
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 Outside state of Hawaii
Terminated 3/31/2006
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case CR01-1-0648[First Circuit]
Def Custody Status
Flag CLOSED
 -- Filed: 11/10/2004, Entered: 11/15/2004 Filing Fee Received
FILING FEE PAID in the amount of $ 5.00, receipt # 226200 (lmg)
 1 Filed: 11/10/2004, Entered: 11/15/2004 Petition for Writ of Habeas Corpus
PETITION UNDER 28 U.S.C. SECTION 2254 FOR WRIT OF HABEAS CORPUS by a person in state custody - referred to psa (lmg)
 2 Filed: 11/10/2004, Entered: 11/15/2004 Order Court Filing
ORDER by Judge David A. Ezra rule 16 scheduling conference set for 9:00 5/9/05 before Mag Judge Kevin S. Chang (lmg)
 3 Filed: 11/10/2004, Entered: 11/15/2004 Memorandum in Support of Motion
Petitioner's MEMORANDUM in support of section 2254 petition; certificate of service [1-1] (lmg)
 4 Filed: 11/10/2004, Entered: 11/15/2004, Terminated: 11/23/2004 Motion for Miscellaneous Relief Court Filing
MOTION by petitioner Dennis Matias for appointment of counsel in connection with section 2254 petition ang exhibits A ; declaration of proposed counsel; proposed order appointing counsel; certificate of service - referred to Judge Susan Oki Mollway, psa) (lmg)
 5 Filed: 11/10/2004, Entered: 11/15/2004 Miscellaneous Document
Petitioner's APPENDICES A-Q; certificate of service [1-1] (lmg)
 6 Filed: 11/23/2004, Entered: 11/23/2004 Order Court Filing
ORDER appointing counsel by Mag Judge Kevin S. Chang - granting motion for appointment of counsel in connection with section 2254 petition ang exhibits A [4-1] - on behalf of petitioner (lmg)
 7 Filed: 12/10/2004, Entered: 12/10/2004 Miscellaneous Document
NOTICE of supplemental authority in connection with his section 2254 habeas corpus petition; exhibit A; certificate of service - by petitioner Dennis Matias re [1-1] (lmg)
 8 Filed: 1/13/2005, Entered: 1/18/2005 Order to Show Cause Court Filing
ORDER TO SHOW CAUSE: by Mag Judge Kevin S. Chang - respondents are to file an answer to the amended petition on or before 02/28/05 (cc: all counsel, and as directed) (lmg)
 9 Filed: 2/14/2005, Entered: 2/16/2005 Ex Parte Motion and order Court Filing
EX PARTE MOTION for extension of time to file answer to petition for writ of habeas corpus; declaration of Ryan Yeh; Order {granted} - by Mag Judge Kevin S. Chang; certificate of service - Respondents, ex parte motion for extension of time to file answer to petition for writ of habeas corpus, up to and including the 30th day of March 2005 [1-1] - on behalf of respondents (lmg)
 10 Filed: 3/30/2005, Entered: 3/31/2005 Memorandum in Opposition to Motion
Answer to Petition for Writ of Habeas Corpus; MEMORANDUM of Law in opposition to Petition for Writ of habeas corpus; Appendices A through S; Certificate of Service [1-1] (gs)
 11 Filed: 4/13/2005, Entered: 4/15/2005 Response - Miscellaneous
Petitioner's MEMORANDUM replying to respondent's answer to section 2254 habeas corpus petition; certificate of service [10-1] (lmg)
 12 Filed: 4/14/2005, Entered: 4/15/2005 Motion for Judgment on the Pleadings Court Filing
NOTICE OF MOTION and motion by petitioner Dennis Matias for judgment on the pleadings ; certificate of service - referred to Judge Susan O. Mollway (lmg)
 13 Filed: 4/14/2005, Entered: 4/18/2005 Minutes - Miscellaneous Court Filing
EO : The court is in receipt of Petitioner's Motion for Judgment on the Pleadings lodged on 4/13/05. This motion will be decided without a hearing pursuant to the local rules of practice for the United States District Court for the District of Hawaii. Rule 16 Scheduling Conference set 5/9/05 before Judge Chang has been continued to 8/15/05 at 9:00am before Judge Chang. cc: all counsel via mail; Rule 16 scheduling conference set 05/09/05 before Judge Chang has been continued to 9:00am at 8/15/05 before Mag Judge Kevin S. Chang ; taking under advisement on the motion for judgment on the pleadings [12-1] ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (lmg)
 14 Filed: 7/26/2005, Entered: 7/28/2005 Order Court Filing
ORDER re-assigning civil cases - by Judge Susan O. Mollway - Case reassigned to Judge J. M. Seabright (cc: all counsel) (lmg)
 15 Filed: 8/12/2005, Entered: 8/16/2005 Minutes - Miscellaneous Court Filing
EO : Rule 16 conference set for 8/15/05 at 9:00 AM has been continued to 10/6/05 9:00 AM before Mag Judge Kevin S. Chang cc: all parties via mail ( Ct Rptr : ) JUDGE Judge Kevin S. Chang (lmg)
PDF 16 Filed: 8/29/2005, Entered: 8/30/2005 Findings and Recommendations Court Filing
FINDINGS AND RECOMMENDATION that petitioner's (1) writ of habeas corpus and (2) motion for judgment on pleadings be granted [12-1] by Mag Judge Kevin S. Chang (cc: all counsel, JMS) ; court finds & recommends that petitioner's writ of habeas corpus and motion for judgment on the pleading be granted (eps) Additional attachment(s) added on 3/6/2006 (eps, ).
 17 Filed: 9/7/2005, Entered: 9/7/2005 Ex Parte Motion and order Court Filing
MOTION for an extension of time to file response to findings and recommendation that petitioner's (1) writ of habeas corpus and (2) motion for judgment on the pleadings be granted filed on August 29, 2005 and Order; certificate of service - by Mag Judge Kevin S. Chang on behalf of respondent John F. Peyton, respondent Jim Cooke re [16-1]; granting additional 32 days and response shall be filed with the court no later than close of business on 10/11/2005 (eps)
 19 Filed: 9/8/2005, Entered: 9/12/2005 Minutes - Miscellaneous Court Filing
EO : The "Motion for an Extension of Time to File Response to Findings and Recommendation that Petitioner's (1) Writ of Habeas Corpus and (2) Motion for Judgment on the Pleadings be Granted Filed on August 29, 2005; Order; Certificate of Service" signed by Magistrate Judge Chang and filed on 9/7/05 is hereby stricken. Parties to resubmit Motion for review and signature by District Judge Seabright. cc: all parties via mail; striking report and recommendation motion [16-1] ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (lmg)
 18 Filed: 9/9/2005, Entered: 9/12/2005 Motion for Miscellaneous Relief Court Filing
NOTICE OF MOTION and motion by State of Hawaii for an extension of time to file response to findings and recommendation that petitioner's (1) writ of habeas corpus and (2) motion for judgment on th pleadings be granted filed on August 29, 2005 ; order; certificate of service - referred to Judge J. M. Seabright (lmg) Modified on 11/09/2005
 20 Filed: 9/27/2005, Entered: 9/29/2005 Minutes - Miscellaneous Court Filing
EO : Rule 16 scheduling conference set 10/06/05 at 9:00 AM has been continued to 01/17/06 at 9:00 AM before Judge Chang ; cc: all parties via mail ( Ct Rptr : ) JUDGE Mag Judge Kevin S. Chang (lmg)
PDF 21 Filed: 10/11/2005, Entered: 10/11/2005 Response/Reply - Miscellaneous Court Filing
RESPONSE AND OBJECTIONS by respondent's to Magistrate Judge's finding and recommendation that petitoner's (1) writ of habeas corpus and (2) motion for judgment on the pleading be granted; appendix A; certicate of service [16-1] - referred to Judge J. Michael Seabright (lmg) Additional attachment(s) added on 3/6/2006 (eps, ).
PDF 22 Filed: 10/18/2005, Entered: 10/20/2005 Response/Reply - Miscellaneous
RESPONSE by petitioner's to the response to the respondents' objections to the magistrate's findings and recommendation that petitioner's writ of habeas corpus and motion for judgment on the pleadings be granted; certificate of service [21-1][16-1] (lmg) Additional attachment(s) added on 3/6/2006 (eps, ).
 23 Filed: 1/12/2006, Entered: 1/12/2006 Notice of Hearing
NOTICE of Hearing:Rule 16 Scheduling Conference set 1/17/06 has been continued to 2/16/2006 09:00 AM before JUDGE KEVIN S.C. CHANG. (sna, )
 24 Filed: 2/15/2006, Entered: 2/15/2006 Set Hearings Court Filing
EO: Rule 16 Scheduling Conference set 2/16/06 has been continued to 09:00AM on 3/30/2006 before JUDGE KEVIN S.C. CHANG. (Judge KEVIN S.C. CHANG )(sna, )
 -- Filed: 2/17/2006, Entered: 2/17/2006 Court's Certificate of Service
COURT'S CERTIFICATE of Service - a copy of [25] Order of Recusal, has been served by First Class Mail to the addresses of record on: Mark J. Bennett, Esq.; Jim Cooke; Dennis Matias, Pro Se and Ryan C. Yeh, Esq.. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (bbb, )
 -- Filed: 2/17/2006, Entered: 3/6/2006 Corrective Entry
CORRECTIVE ENTRY. The entry docket number [25] Order of Recusal, ALL FURTHER PROCEEDINGS should reflect the case # CV 04-00663SOM-KSC. (bbb, )
PDF 25 Filed: 2/17/2006, Entered: 2/17/2006 Order of Recusal Court Filing
ORDER OF RECUSAL. Judge J. MICHAEL SEABRIGHT recused. Case reassigned to Judge DAVID ALAN EZRA, all further proceedings should reflect the case # CV 04-00663DAE-KSC. Signed by Judge J. MICHAEL SEABRIGHT on 02/16/2006. (cc: JMS, DM, DAE, TL, KSC and SA)(bbb, )
 26 Filed: 3/7/2006, Entered: 3/7/2006 Set Motion Deadlines/Hearings (inc F&R) Court Filing
EO: Set Objections to F & R for 3/28/2006 10:30 AM before JUDGE SUSAN OKI MOLLWAY. Parties not required, but may submit supplemental briefs addressing the 9th Circuit decision in the Kaua case. Briefs to be filed by 3/17/06. Parties notified. (Judge SUSAN OKI MOLLWAY )(tbf, )
PDF 27 Filed: 3/8/2006, Entered: 3/13/2006 Supplement
Petitioner's SUPPLEMENTAL re [3] Memorandum in Support of Motion; certificate of service. filed by Dennis Matias. (bbb, )
PDF 28 Filed: 3/28/2006, Entered: 3/28/2006 Motion Hearing Court Filing
EP: Motion Hearing held on 3/28/2006 re [16] Findings and Recommendations. (Court Reporter Debra Chun.) (Judge SUSAN OKI MOLLWAY )(tbf, )
 -- Filed: 3/30/2006, Entered: 3/30/2006 Court's Certificate of Service
COURT'S CERTIFICATE of Service - a copy of [29] "ORDER Adopting and Supplementing Findings and Recommendation that Petitioner's 28 U.S.C. section 2254 petition be GRANTED; order granting Peitioner's 28 U.S.C. section 2254 Petition" has been served by First Class Mail to the addresses of record on 03/30/2006. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (bbb, )
PDF 29 Filed: 3/30/2006, Entered: 3/30/2006 Order Court Filing
ORDER Adopting and Supplementing [16] Findings and Recommendation that [1] Petitioner's 28 U.S.C. section 2254 petition be GRANTED; order granting Peitioner's 28 U.S.C. section 2254 Petition. Signed by Judge SUSAN OKI MOLLWAY on 03/30/2006. (bbb, )
 -- Filed: 3/31/2006, Entered: 3/31/2006 Court's Certificate of Service
COURT'S CERTIFICATE of Service - a copy of [30] Judgment has been served by First Class Mail to the addresses of record on 03/31/2006. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (bbb, )
PDF 30 Filed: 3/31/2006, Entered: 3/31/2006 Judgment
JUDGMENT in a civil case in favor of Petitioner Dennis Matias against John F. Peyton, Director, Department of Public Safety, State of Hawaii; and Jim Cooke, Warden, Tallahatchie County Correctional Facility. (bbb, )
PDF 32 Filed: 5/3/2007, Entered: 5/3/2007, Terminated: 5/22/2007 Motion for Miscellaneous Relief
MOTION for an Order Regarding Execution of This Court's Judgment Granting Petitioner's Section 2254 Habeas Petition by Dennis Matias. (Attachments: # (1) Memorandum in Support# (2) Exhibit "A"# (3) Exhibit "B"# (4) Certificate of Service)(Wolff, Peter)
PDF 33 Filed: 5/7/2007, Entered: 5/7/2007 Notice of Hearing on Motion
NOTICE of Hearing on Motion [32] Motion for an Order Regarding Execution of this Court's Judgment Granting Petitioners § 2254 Habeas Petition set for 5/15/2007 10:00 AM before JUDGE KEVIN S.C. CHANG. (sna, )
PDF 34 Filed: 5/15/2007, Entered: 5/15/2007 Motion Hearing Court Filing
EP:Motion Hearing held on 5/15/2007-Re-[32]-MOTION for an Order Regarding Execution of this Court's Judgment Granting Petitioner's Section 2254 Habeas Petition filed by Dennis Matias-The State of Hawaii has filed a Motion for an Amended Judgment in State Court set for hearing on 5/17/2007. This Motion continued to 5/22/2007 09:30 AM before JUDGE KEVIN S.C. CHANG. (Court Reporter C5-FTR-9:58:36.) (Judge KEVIN S.C. CHANG )(lls, )
PDF 35 Filed: 5/22/2007, Entered: 5/22/2007 Withdrawal of Motion
WITHDRAWAL of Motion by Dennis Matias for an Order Regarding Execution of This Court's Judgment Granting Petitioner's Section 2254 Habeas Petition. (Attachments: # (1) Exhibit "A"# (2) Certificate of Service)(Wolff, Peter) Modified on 5/23/2007 (Please refer to document [37] redacted version of Exhibit A. NOTE: The image of Exhibit A attached to this document has been restricted.) (emt, ).
PDF 36 Filed: 5/22/2007, Entered: 5/22/2007 Link Court Filing
EO: re [32] Motion for an Order Regarding Execution of this Court's Judgment Granting Petitioner's § 2254 Habeas Petition set for hearing on 5/22/07 before Judge Chang is hereby vacated. Amended Judgment has been filed. Mr. Wolff to file a withdrawal of the Motion for an Order Regarding Execution of this Court's Judgment Granting Petitioner's § 2254 Habeas Petition [32] and will attach the Amended Judgment. No further action to be taken. Motion terminated: [32]. (Judge KEVIN S.C. CHANG )(sna, )
 -- Filed: 5/23/2007, Entered: 5/23/2007 Corrective Entry
ADVISORY ENTRY. Please be advised that Exhibit A to [35] Withdrawal of Motion filed by Dennis Matias contains personal identifiers (SSN and DOB). The filer should refer to Sections 11.1 through 11.3 of the Amended General Order Adopting Electronic Case Filing Procedures for additional information. The filer may wish to submit a redacted version of Exhibit A and link to the Withdrawal of Motion.. (emt, )
PDF 37 Filed: 5/23/2007, Entered: 5/23/2007, Terminated: 5/22/2007 Redacted Document
REDACTION to [35] Withdrawal of Motion for an Order Regarding Execution of This Court's Judgment Granting Petitioner's Section 2254 Habeas Petition by Dennis Matias. (Attachments: # (1) Exhibit "A"# (2) Certificate of Service)(Wolff, Peter)

Update this case via PACER (Paid subscription required)

PACER Shortcuts

Statistics

This case has been viewed 10 times.

No comments have been added yet. Sign in to post a comment.
Space
Issues Laws Cases Pro Pro Se Articles Firms Entities
Issues Laws Cases Pro Pro Se Articles Firms Entities
 
PlainSite
Need Password Help?