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Case Information

Filed 2021-11-30
Status Closed
Type Civil Superior Ct (3 An)|Writ Of Habeas Corpus (request For Review Of Legality Of Detention)
Docket 77 entries

Parties

Plaintiff Mc Dermott, Daniel Josef
Defendant Houser, Earl|State Of Alaska, Department Of Corrections
Photo of Hon. Ramgren Peter R

Judge

Hon. Ramgren Peter R

Anchorage Borough (AK)

Alaska

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Docket Entries

  1. Initial Judicial Assignment: Honorable Peter Ramgren
  2. Complaint for Writ of Habeas Corpus Receipt: 1939941 Date: 02/15/2022
  3. Request for Exemption from Payment of Fees: Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff); Filing Party: McDermott, Daniel Josef Case Motion #1
  4. Certificate of Service Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff);
  5. Self-Certification (No Notary Available - TF-920) Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff);
  6. [CURED 12/27/21] Notice of Deficient Filing(s) mailed re: RE: Request for exemption from payment of fees, and order filed on 11/30/2021 1 You filed an incorrect request form, please complete and submit the correct prisoner request for filing fee exemption form. I’ve included a blank prisoner request filing fee form for your convenience. 1 The prisoner request for filing fee exemption must be accompanied by a prisoner account statement. Please provide your prisoner account statement when filing your request for fee exemption. Notice of Deficient Filing (Anchorage) (10/18) Sent on: 12/20/2021 08:47:27.27
  7. Financial Statement - CONFIDENTIAL DOCUMENT Access to confidential documents limited to (1) Parties to Action, (2) Counsel of Record, and (3) Court Personnel. Administrative Bulletin No. 48, Standard 7 Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff);
  8. Prisioner Request for Filing Fee Exemption---RESPONSE TO DEFICIENCY Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff); Case Motion #1: Request for Exemption from Payment of Fees:
  9. Self-Certification (No Notary Available - no motion link) Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff);
  10. Notice to Court of the Mailing Address for the Petitioner and this Court Sent Mail to Somebody Else Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff);
  11. Notice to Court that on December 23, 2021 the Alaskan Government Finally Delivered Two of Four Grand Jury Transcripts to the Petitioner and the Barker V. Wingo Balancing Test Could Change Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff);
  12. Requesting for a One Week Filing Deadline Extension to File a Controverting Answer Under Civil Rule 86(i) Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff); Filing Party: McDermott, Daniel Josef Case Motion #2
  13. Notice to Court that Petitioner Sent the Office of the Attorney General a Copy of the Habeas Petition and Request for Further Guidance from the Court Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff);
  14. Motion for Expedited Consideration of Habeas Petition Prior to Processing of Filing Fee Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff); Filing Party: McDermott, Daniel Josef Case Motion #3
  15. Order Granting Request for Exemption from Payment of Fees: McDermott, Daniel Josef Case Motion #1 Request for Exemption from Payment of Fees:
  16. Notice to Court that New Emergency Covid 19 Prison Lockdown May Effect the Courts Analysis of the Petitioners Speedy Trial Claims and Excessive Bail Claim [No Service] Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff);
  17. Motion for Expedited Consideration of Notice to court that New Emergency Covid 19 Prison Lockdown May Effect the Courts Analysis of the Petitioners Speedy Trial Claims and Excessive Bail Claim - No Service Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff); Filing Party: McDermott, Daniel Josef Case Motion #4
  18. Notice to Court: Asserting That Postponing Habeas Petition Until Payment of Filing Fee is Prejudicial Against Petitioner and His Speedy Trial Claims Daniel Josef McDermott (Plaintiff);
  19. Motion for Expedited Consideration of Notice to Court: Asserting that Postponing Habeas Petition Until Payment of Filing Fee is Prejudicial Against Petitioner and His Speedy Trial Case Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff); Filing Party: McDermott, Daniel Josef Case Motion #5
  20. Notice to Court: Adding Ground Six to Habeas Petition Daniel Josef McDermott (Plaintiff);
  21. Motion for Expedited Consideration of Notice to Court: Adding Ground Six to Habeas Petition Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff); Filing Party: McDermott, Daniel Josef Case Motion #6
  22. Notice to Court: Prison Jeapordized Health and Safety Causing Covid 19 to Infect Bravo Mod Where Petitioner is Housed Partly Caused by Public Employee Disregard for Mask Mandates Effecting Barker V. Wingo Balancing Test by Unsafe Prison Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff);
  23. Addendum in Support of Unconstitutional Bail Ground Daniel Josef McDermott (Plaintiff);
  24. Motion for Expedited Consideration Under Civil Rule 77(g): Addendum in Support of Unconstitutional Bail Ground Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff); Filing Party: McDermott, Daniel Josef Case Motion #7
  25. Notice to Court in Support of Habeas Petition: Pretrial Detention Is More Prejudicial Under Barker Inquiry Due to Trials For Out of Custody Defendants Taking Precedent Daniel Josef McDermott (Plaintiff);
  26. Motion for Expedited Consideration of Notice to Court In Support of Habeas Petition: Pretrial Detention Is More Prejudicial Under Barker Inquiry Due to Trials for Out of Custody Defendants Taking Precedent Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff); Filing Party: McDermott, Daniel Josef Case Motion #8
  27. Notice to Court That Petitioner Has Asserted His Due Process Rights to His Palmer Trial Attorney and Has Not Waived Any Rights or Interfered With Attorney Actions Daniel Josef McDermott (Plaintiff);
  28. Motion for Expedited Consideration of Notice to Court That Petitioner Has Asserted His Due Process Rights to His Palmer Trial Attorney and Has Not Waived Any Rights or Interfered With Attorney Actions Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff); Filing Party: McDermott, Daniel Josef Case Motion #9
  29. Notice to Court That Filing Fee Should Be Paid: 28 U.S.C. 1914(a) May Supersede AS 09.19.010 Daniel Josef McDermott (Plaintiff);
  30. Addendum in Support of Habeas Petition: Recording of Attorney Calls and Shutting Down Visitation Violates Due Process Right to Privately Consult with Attorney Daniel Josef McDermott (Plaintiff);
  31. Motion for Expedited Consideration of Addendum in Support of Habeas Petition: Recording of Attorney Calls and Shutting Down Visitation Violates Due Process Right to Privately Consult with Attorney Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff); Filing Party: McDermott, Daniel Josef Case Motion #10
  32. Notice to Court that Petitioner did not ever consent to any Rule 45 continuances and objected to trial delays may effect this courts analysis of Barker v. Wingo factors Self-Represented (0100001)
  33. Motion for Expedited Consideration of: Notice to Court that Petitioner did not ever consent to any Rule 45 continuances and objected to trial delays may effect this courts analysis of Barker v. Wingo factors Self-Represented (0100001) Daniel Josef McDermott (Plaintiff); Case Motion #11
  34. Requesting this Court to consider sending the Respondent a copy of all filings the Petitioner filed Self-Represented (0100001) Daniel Josef McDermott (Plaintiff); Filing Party: McDermott, Daniel Josef Case Motion #12
  35. Civil Deficiency Memo mailed re: [RESPONSE FILED 03/03/2022] Civil Deficiency Memo (1/22) Sent on: 02/04/2022 08:16:44.94
  36. NOTICE RE. FILING FEE
  37. Motion for Expedited Consideration of Notice to Court That Prison Neglected to Process Filing Fee Paycheck for Almost Two Weeks Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff); Filing Party: McDermott, Daniel Josef Case Motion #13
  38. Notice to Court That Prison Neglected to Process Filing Fee for Almost Two Weeks Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff); Case Motion #13: [LODGED pending Filing Fee] Motion for Expedited Consideration of Notice to Court That Prison Neglected to Process Filing Fee Paycheck for Almost Two Weeks
  39. Civil Deficiency Memo mailed re: [RESPONSE FILED 03/03/2022] Your Notice to Court The Prison Neglected to Process Filing Fee Paycheck for Almost Two Weeks and accompanying Motion for Expedited Consideration of Notice lacks service on the other party. You must give the other side in the case copies of every document you file in court. This is called “service.” You must fill out the certificate of service section at the end of the form or file a separate certificate of service form listing: the documents served, who you served, when you did service, and how you provided copies to the other side in the case. You may use the court’s Certificate of Service (form TF-700), available at: https://public.courts.alaska.gov/web/forms/docs/tf-700.pdf. Serve by first-class mail or hand-delivery unless otherwise ordered by the court. Or, if the other side agreed to service by fax or e-mail by checking that option in the person’s initial filing (or by filing a separate notice of consent), then you may serve by that method instead. Civil Rules 5(f) and 5.1(c)(3). Civil Deficiency Memo (1/22) Sent on: 02/09/2022 08:43:50.21
  40. Response to Deficiency Notice Attorney: Self-Represented (0100001)
  41. Notice of to Court Re Criminal Deficiency Memo Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff);
  42. Motion for Expedited Consideration of Notice to Court Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff); Filing Party: McDermott, Daniel Josef Case Motion #14
  43. Motion for 30 Day Service Extension Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff); Filing Party: McDermott, Daniel Josef Filing Party: McDermott, Daniel Josef Filing Party: McDermott, Daniel Josef Case Motion #15
  44. Notice to Court: Response to Notice RE. Filing Fee Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff);
  45. Request for Exemption from Payment of Fees [Copy Fees] Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff); Filing Party: McDermott, Daniel Josef Filing Party: McDermott, Daniel Josef Case Motion #16
  46. Motion Deemed Moot McDermott, Daniel Josef Case Motion #3 Motion for Expedited Consideration of Habeas Petition Prior to Processing of Filing Fee
  47. Motion Deemed Moot McDermott, Daniel Josef Case Motion #5 Motion for Expedited Consideration of Notice to Court: Asserting that Postponing Habeas Petition Until Payment of Filing Fee is Prejudicial Against Petitioner and His Speedy Trial Case
  48. Motion Deemed Moot McDermott, Daniel Josef Case Motion #13 Motion for Expedited Consideration of Notice to Court That Prison Neglected to Process Filing Fee Paycheck for Almost Two Weeks
  49. Order Granting Request for Exemption from Payment of Fees [Copy Fees] McDermott, Daniel Josef Case Motion #16 Request for Exemption from Payment of Fees [Copy Fees]
  50. Motion Deemed Moot McDermott, Daniel Josef Case Motion #12 Requesting this Court to consider sending the Respondent a copy of all filings the Petitioner filed
  51. Order Denying Motion McDermott, Daniel Josef Case Motion #4 Motion for Expedited Consideration of Notice to court that New Emergency Covid 19 Prison Lockdown May Effect the Courts Analysis of the Petitioners Speedy Trial Claims and Excessive Bail Claim - No Service
  52. Order Denying Motion McDermott, Daniel Josef Case Motion #6 Motion for Expedited Consideration of Notice to Court: Adding Ground Six to Habeas Petition
  53. Order Denying Motion McDermott, Daniel Josef Case Motion #7 Motion for Expedited Consideration Under Civil Rule 77(g): Addendum in Support of Unconstitutional Bail Ground
  54. Order Denying Motion McDermott, Daniel Josef Case Motion #8 Motion for Expedited Consideration of Notice to Court In Support of Habeas Petition: Pretrial Detention Is More Prejudicial Under Barker Inquiry Due to Trials for Out of Custody Defendants Taking Precedent
  55. Order Denying Motion McDermott, Daniel Josef Case Motion #9 Motion for Expedited Consideration of Notice to Court That Petitioner Has Asserted His Due Process Rights to His Palmer Trial Attorney and Has Not Waived Any Rights or Interfered With Attorney Actions
  56. Order Denying Motion McDermott, Daniel Josef Case Motion #10 Motion for Expedited Consideration of Addendum in Support of Habeas Petition: Recording of Attorney Calls and Shutting Down Visitation Violates Due Process Right to Privately Consult with Attorney
  57. Order Denying Motion McDermott, Daniel Josef Case Motion #11 Motion for Expedited Consideration of: Notice to Court that Petitioner did not ever consent to any Rule 45 continuances and objected to trial delays may effect this courts analysis of Barker v. Wingo factors
  58. Order Denying Motion McDermott, Daniel Josef Case Motion #14 Motion for Expedited Consideration of Notice to Court
  59. Order Granting Motion for 30 Day Service Extension - 60 Days McDermott, Daniel Josef Case Motion #15 Motion for 30 Day Service Extension
  60. Motion Deemed Moot McDermott, Daniel Josef Case Motion #2 Requesting for a One Week Filing Deadline Extension to File a Controverting Answer Under Civil Rule 86(i)
  61. Certificate of Service (no motion link) Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff);
  62. Notice to Court: Trial Attorney Abandoned Petitioner Which Changes Balancing Test Under Barker v. Wingo Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff);
  63. Requesting for the Office of the Attorney General to Enter an Appearance on Behalf of the Respondant Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff); Filing Party: McDermott, Daniel Josef Case Motion #17
  64. Notice to Court: Pretrial Detention More Prejudicial Because State Has Threatened to File a Motion to Delay Trial Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff);
  65. Letter (Inquiring About Case Status) Daniel Josef McDermott (Plaintiff);
  66. Motion for Telephonic Status Attorney: Self-Represented (0100001) Daniel Josef McDermott (Plaintiff); Filing Party: McDermott, Daniel Josef Case Motion #18
  67. Limited Entry of Appearance Attorney Mooney-Myers, Thomas representing State of Alaska, Department of Corrections as of 05/05/2022 State of Alaska, Department of Corrections (Defendant);
  68. Notice of Insufficient Service State of Alaska, Department of Corrections (Defendant); Attorney: Mooney-Myers, Thomas (NA19619) State of Alaska, Department of Corrections (Defendant);
  69. Limited Entry of Appearance Attorney Mooney-Myers, Thomas representing Defendant Houser, Earl as of 05/05/2022 Earl Houser (Defendant);
  70. Summons Issued Earl Houser (Defendant);
  71. Summons Issued State of Alaska, Department of Corrections (Defendant);
  72. Civil Deficiency Memo mailed re: The court received a Notice of Insufficient Service from the Department of Law on 05/05/2022. Since the defendants are to be served with a copy of the summons and Petition for Writ of Habeas Corpus, summons have been issued to Earl Houser and State of Alaska, Department of Corrections. I have enclosed a copy of each summons for your records. I have also enclosed a packet, which consists of a copy of the summons and a copy of the petition for writ of habeas corpus, for each person/entity that must be served. One packet is for the Office of the Attorney General - Juneau, one packet is for the Department of Corrections Administrative Office - Anchorage, one packet is for Earl Houser, and one packet is for the Office of the Attorney General - Anchorage. I have included the address for each on the individual packet. Please note: Civil Rule 4 requires that the summons and petition must be served either by process server or by certified mail with restricted delivery. I have included the instructions on How to Serve a Summons in a Civil Lawsuit for your review. Civil Deficiency Memo (1/22) Sent on: 05/11/2022 12:35:46.34
  73. Limited Opposition to Motionfor Telephonic Status Hearing Thomas Mooney-Myers (Attorney) on behalf of State of Alaska, Department of Corrections (Defendant) Case Motion #18: Motion for Telephonic Status
  74. Addendum Supporting Habeas Petition: Unconstitutional Suspension of Court Rules Daniel Josef McDermott (Plaintiff);
  75. ORDER OF DISMISSAL
  76. Requesting for the Office of the Attorney General to Enter an Appearance on Behalf of the Respondant Deemed Moot McDermott, Daniel Josef Case Motion #17 Requesting for the Office of the Attorney General to Enter an Appearance on Behalf of the Respondant
  77. Motion for Telephonic Status Deemed Moot McDermott, Daniel Josef Case Motion #18 Motion for Telephonic Status

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