Anderson v. Cain (2:17-cv-01797), Oregon District Court

Anderson v. Cain

Oregon District Court
Judge:	Patricia Sullivan
Case #:	2:17-cv-01797
Nature of Suit	530 Prisoner Petitions - Habeas Corpus - General
Cause	28:2254 Petition for Writ of Habeas Corpus (State)

Case Filed:	Nov 09, 2017
Terminated:	Jan 10, 2018

Petitioner Evan Kiel Anderson
Respondent Brad Cain

GPO Dec 06 2017
Findings & Recommendation: Petition for Writ of Habeas Corpus 2254 2 should be Summarily Dismissed. Objections to the Findings and Recommendation are due by 12/20/2017. Signed on 12/6/17 by Magistrate Judge Patricia Sullivan. **4 PAGE(S), PRINT ALL**(Evan Anderson, Prisoner ID: 13313723) (dsg)

GPO Jan 10 2018
ORDER - No party having made objections, this Court follows the recommendation of the Advisory Committee and reviews Judge Sullivan's Findings and Recommendation for clear error on the face of the record. No such error is apparent. Accordingly, the Court ADOPTS Judge Sullivan's Findings and Recommendation, ECF 7. Petitioner's Petition for Writ of Habeas Corpus (ECF 2) is DISMISSED without prejudice for lack of exhaustion. The Court declines to issue a Certificate of Appealability because the dismissal is without prejudice. Signed on 1/10/2018 by Judge Michael H. Simon. **PRINT ALL**(Evan Anderson, Prisoner ID: 13313723) (mja)

Docket last updated: 12 hours ago

Wednesday, January 10, 2018
10		10 order Judgment - Terminate Case Wed 01/10 2:03 PM Judgment. Signed on 1/10/2018 by Judge Michael H. Simon. 1 PAGE(S), PRINT ALL (Evan Anderson, Prisoner ID: 13313723) (mja) Related: [-]
9		9 2 pgs order Order on Findings & Recommendation Wed 01/10 1:56 PM ORDER - No party having made objections, this Court follows the recommendation of the Advisory Committee and reviews Judge Sullivan's Findings and Recommendation for clear error on the face of the record. No such error is apparent. Accordingly, the Court ADOPTS Judge Sullivan's Findings and Recommendation, ECF7 . Petitioner's Petition for Writ of Habeas Corpus (ECF2 ) is DISMISSED without prejudice for lack of exhaustion. The Court declines to issue a Certificate of Appealability because the dismissal is without prejudice. Signed on 1/10/2018 by Judge Michael H. Simon. PRINT NEF ONLY (Evan Anderson, Prisoner ID: 13313723) (mja) Related: [-]
Wednesday, December 06, 2017
8		8 order Findings & Recommendation Referred Wed 12/06 3:45 PM Order referring Findings & Recommendation7 to Judge Simon. Ordered by Magistrate Judge Patricia Sullivan. PRINT NEF ONLY (Evan Anderson, Prisoner ID: 13313723) (dsg) Related: [-]
7		7 motion Findings & Recommendation Wed 12/06 3:42 PM Findings & Recommendation: Petition for Writ of Habeas Corpus 22542 should be Summarily Dismissed. Objections to the Findings and Recommendation are due by 12/20/2017. Signed on 12/6/17 by Magistrate Judge Patricia Sullivan. 4 PAGE(S), PRINT ALL (Evan Anderson, Prisoner ID: 13313723) (dsg) Related: [-]
6		6 1 pgs order Order on Motion/Application for Leave to Proceed IFP FORM EVENT Order on Motion for Appointment of Counsel Wed 12/06 3:36 PM ORDER TO PROCEED IN FORMA PAUPERIS: Petitioners Application for Leave to Proceed In Forma Pauperis1 is granted. Where the court recommends summary dismissal of this case with leave to refile, petitioners Motion for Appointment of Counsel3 is denied. Signed on 12/6/17 by Magistrate Judge Patricia Sullivan. 1 PAGE(S), PRINT ALL (Evan Anderson, Prisoner ID: 13313723) (dsg) Related: [-]
Thursday, November 09, 2017
5		5 oth_evt Case Assignment Notice - FORM EVENT Thu 11/09 3:04 PM Notice of Case Assignment: This case is assigned to Magistrate Judge Patricia Sullivan. 3 PAGE(S), PRINT ALL (Evan Anderson, Prisoner ID: 13313723) (dsg) Related: [-]
4		4 service Certificate of Service Thu 11/09 3:03 PM Certificate of Service by Evan Kiel Anderson of Petition for Writ of Habeas Corpus 22542 , Motion for Appointment of Counsel3 , Application for Leave to Proceed IFP1 Filed by Evan Kiel Anderson.PRINT NEF ONLY (Evan Anderson, Prisoner ID: 13313723) (dsg) Related: [-]
3		3 motion Appoint Counsel Thu 11/09 3:02 PM Motion for Appointment of Counsel. Filed by Evan Kiel Anderson. PRINT NEF ONLY (Evan Anderson, Prisoner ID: 13313723) (dsg) Related: [-]
2		2 cmp Petition - Writ of Habeas Corpus - 2254 Thu 11/09 3:02 PM Petition for Writ of Habeas Corpus (2254 - State). In forma pauperis pending. Filed by Evan Kiel Anderson against Brad Cain.. PRINT NEF ONLY (Evan Anderson, Prisoner ID: 13313723) (dsg) Related: [-]
		Att: 1 Exhibits
1		1 motion Application for Leave to Proceed IFP Thu 11/09 3:00 PM Application for Leave to Proceed IFP. Filed by Evan Kiel Anderson. PRINT NEF ONLY (Evan Anderson, Prisoner ID: 13313723) (dsg) Related: [-]

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Wednesday, January 10, 2018
10		10 order Judgment - Terminate Case Wed 01/10 2:03 PM Judgment. Signed on 1/10/2018 by Judge Michael H. Simon. 1 PAGE(S), PRINT ALL (Evan Anderson, Prisoner ID: 13313723) (mja) Related: [-]
9		9 2 pgs order Order on Findings & Recommendation Wed 01/10 1:56 PM ORDER - No party having made objections, this Court follows the recommendation of the Advisory Committee and reviews Judge Sullivan's Findings and Recommendation for clear error on the face of the record. No such error is apparent. Accordingly, the Court ADOPTS Judge Sullivan's Findings and Recommendation, ECF7 . Petitioner's Petition for Writ of Habeas Corpus (ECF2 ) is DISMISSED without prejudice for lack of exhaustion. The Court declines to issue a Certificate of Appealability because the dismissal is without prejudice. Signed on 1/10/2018 by Judge Michael H. Simon. PRINT NEF ONLY (Evan Anderson, Prisoner ID: 13313723) (mja) Related: [-]
Wednesday, December 06, 2017
8		8 order Findings & Recommendation Referred Wed 12/06 3:45 PM Order referring Findings & Recommendation7 to Judge Simon. Ordered by Magistrate Judge Patricia Sullivan. PRINT NEF ONLY (Evan Anderson, Prisoner ID: 13313723) (dsg) Related: [-]
7		7 motion Findings & Recommendation Wed 12/06 3:42 PM Findings & Recommendation: Petition for Writ of Habeas Corpus 22542 should be Summarily Dismissed. Objections to the Findings and Recommendation are due by 12/20/2017. Signed on 12/6/17 by Magistrate Judge Patricia Sullivan. 4 PAGE(S), PRINT ALL (Evan Anderson, Prisoner ID: 13313723) (dsg) Related: [-]
6		6 1 pgs order Order on Motion/Application for Leave to Proceed IFP FORM EVENT Order on Motion for Appointment of Counsel Wed 12/06 3:36 PM ORDER TO PROCEED IN FORMA PAUPERIS: Petitioners Application for Leave to Proceed In Forma Pauperis1 is granted. Where the court recommends summary dismissal of this case with leave to refile, petitioners Motion for Appointment of Counsel3 is denied. Signed on 12/6/17 by Magistrate Judge Patricia Sullivan. 1 PAGE(S), PRINT ALL (Evan Anderson, Prisoner ID: 13313723) (dsg) Related: [-]
Thursday, November 09, 2017
5		5 oth_evt Case Assignment Notice - FORM EVENT Thu 11/09 3:04 PM Notice of Case Assignment: This case is assigned to Magistrate Judge Patricia Sullivan. 3 PAGE(S), PRINT ALL (Evan Anderson, Prisoner ID: 13313723) (dsg) Related: [-]
4		4 service Certificate of Service Thu 11/09 3:03 PM Certificate of Service by Evan Kiel Anderson of Petition for Writ of Habeas Corpus 22542 , Motion for Appointment of Counsel3 , Application for Leave to Proceed IFP1 Filed by Evan Kiel Anderson.PRINT NEF ONLY (Evan Anderson, Prisoner ID: 13313723) (dsg) Related: [-]
3		3 motion Appoint Counsel Thu 11/09 3:02 PM Motion for Appointment of Counsel. Filed by Evan Kiel Anderson. PRINT NEF ONLY (Evan Anderson, Prisoner ID: 13313723) (dsg) Related: [-]
2		2 cmp Petition - Writ of Habeas Corpus - 2254 Thu 11/09 3:02 PM Petition for Writ of Habeas Corpus (2254 - State). In forma pauperis pending. Filed by Evan Kiel Anderson against Brad Cain.. PRINT NEF ONLY (Evan Anderson, Prisoner ID: 13313723) (dsg) Related: [-]
		Att: 1 Exhibits
1		1 motion Application for Leave to Proceed IFP Thu 11/09 3:00 PM Application for Leave to Proceed IFP. Filed by Evan Kiel Anderson. PRINT NEF ONLY (Evan Anderson, Prisoner ID: 13313723) (dsg) Related: [-]