Pool v. Maye
| Kansas District Court | |
| Judge: | John W Lungstrum |
| Case #: | 5:16-cv-03148 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2241 Petition for Writ of Habeas Corpus (federa |
| Case Filed: | Jul 05, 2016 |
| Terminated: | Oct 18, 2016 |
Petitioner
Terry Austin Pool
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Respondent
Claude Maye
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GPO
Jul 08 2016
ORDER TO SHOW CAUSE ENTERED: Respondent is required to show cause on or before August 8, 2016, why the writ should not be granted. Petitioner has until September 8, 2016, to file a traverse thereto. Signed by District Judge John W. Lungstrum on 07/08/16. A copy of the order was e-mailed to the U.S. Attorney for the District of Kansas. (smnd) Modified text on 7/8/2016 (smnd) |
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GPO
Oct 18 2016
MEMORANDUM AND ORDER: Petition for habeas corpus is granted. The U.S. Parole Commission is directed to conduct a new hearing within ninety (90) days of the date of this order and considering petitioner's case as an original jurisdiction matter. Signed by U.S. District Senior Judge John W. Lungstrum on 10/18/16. (msb) |
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GPO
Feb 15 2017
MEMORANDUM AND ORDER ENTERED: Petitioner's second motion for immediate release 25 is denied. Signed by District Judge John W. Lungstrum on 02/15/17. (smnd) |
| Docket last updated: 09/20/2026 11:59 PM CDT |
| Wednesday, February 15, 2017 | ||
| 41 | 41
order
Order on Motion for Order
Wed 02/15 2:46 PM
MEMORANDUM AND ORDER ENTERED: Petitioner's second motion for immediate release25 is denied. Signed by District Judge John W. Lungstrum on 02/15/17. (smnd) |
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| Tuesday, February 14, 2017 | ||
| 40 | 40
appeal
Mandate
Tue 02/14 10:31 AM
APPEAL MANDATE from 10CCA: dismissing appeal (Appeal No. 17-3011 (smnd) |
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Att: 1
Transmittal Letter
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| Monday, February 13, 2017 | ||
| 39 | 39
order
Order on Motion for Extension of Time
Mon 02/13 1:31 PM
ORDER granting38 Petitioner's Motion for an order extending Petitioner's deadline to file his Motion to Proceed on Appeal in Forma Pauperis for an additional 14 days and the deadline is extended to 02/27/2017. Signed by District Judge John W. Lungstrum on 02/13/2017. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ses) |
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| 38 | 38
motion
Extension of Time
Mon 02/13 9:16 AM
MOTION for extension of time by Petitioner Terry Austin Pool (Bell, Branden) |
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| Saturday, February 11, 2017 | ||
| 37 | 37
respm
Reply to Response to Motion
Sat 02/11 3:14 PM
REPLY TO RESPONSE TO MOTION by Petitioner Terry Austin Pool re:25 Second MOTION for Order for Immediate Release (Bell, Branden) |
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| Thursday, February 09, 2017 | ||
| 36 | 36
order
Order on Motion for Extension of Time to File Response/Reply
Thu 02/09 4:31 PM
ORDER granting35 Motion for Extension of Time to File Reply re25 Second MOTION for Order for Immediate Release and the Reply deadline is extended to 2/13/2017. Signed by District Judge John W. Lungstrum on 02/09/2017. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ses) |
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| 35 | 35
motion
Extension of Time to File Response/Reply
Thu 02/09 3:33 PM
MOTION for Extension of Time to File Reply as to34 Response to Motion by Petitioner Terry Austin Pool (Bell, Branden) |
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| Monday, February 06, 2017 | ||
| 34 | 34
respm
Response to Motion
Mon 02/06 4:54 PM
RESPONSE by Respondent Claude Maye re25 Second MOTION for Order for Immediate Release (Rapstine, Jackie) |
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Att: 1
Exhibit A-P
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| 33 | 33
appeal
Letter re Record Complete
Mon 02/06 4:38 PM
LETTER TO 10CCA stating record is complete re18 Notice of Appeal - Final Judgment (Appeal No. 17-3011 (smnd) |
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| 32 | 32
appeal
Transcript Order Form
Mon 02/06 10:39 AM
TRANSCRIPT ORDER FORM: No Transcript Required filed by Terry Austin Pool re18 Notice of Appeal - Final Judgment (Bell, Branden) |
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| 31 | 31
appeal
Designation of Record on Appeal
Mon 02/06 10:34 AM
DESIGNATION OF RECORD ON APPEAL by Terry Austin Pool re18 Notice of Appeal - Final Judgment ( Appeal No. 17-03011 (Bell, Branden) |
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| Thursday, February 02, 2017 | ||
| 30 | 30
order
Order
Thu 02/02 4:01 PM
ORDER ENTERED: The court directs petitioner to submit the filing fee or a motion to proceed on appeal in forma pauperis to the clerk of the court on or before February 13, 2017. Signed by District Judge John W. Lungstrum on 02/02/2017. (smnd) |
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| Tuesday, January 31, 2017 | ||
| 29 | 29
support
SEALED Exhibits in Support of Motion
Tue 01/31 3:10 PM
SEALED EXHIBIT(S) IN SUPPORT of25 Second MOTION for Order for Immediate Release by Petitioner Terry Austin Pool (Bell, Branden) |
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| 28 | 28
order
Order on Motion for Leave to File Under Seal
Tue 01/31 1:51 PM
ORDER granting26 Motion for Leave to File Under Seal. Counsel directed to file forthwith requested document(s) with an event from the SEALED DOCUMENTS category. The clerk shall grant access to sealed document(s) to counsel of record. Pro hac vice attorneys must obtain sealed document(s) from local counsel. Signed by District Judge John W. Lungstrum on 01/31/2017. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ses) |
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| 27 | 27
order
Order ~Util - Terminate Motions ~Util - Set Motion and R&R Deadlines/Hearings ~Util - Terminate Hearings
Tue 01/31 1:49 PM
ORDER - It is ordered by the Court that the hearing scheduled in this case for 02/01/2017 is CANCELLED. The Court moots the17 MOTION for Immediate Release filed by Terry Austin Pool. As to the25 Second MOTION for Order for Immediate Release filed by Terry Austin Pool, the Court sets a Response deadline of 2/6/2017 and a Reply deadline 2/10/2017. Signed by District Judge John W. Lungstrum on 01/31/2017. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ses) |
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| 26 | 26
motion
Leave to File Under Seal
Tue 01/31 12:00 PM
SEALED MOTION for Leave to File Under Seal by Petitioner Terry Austin Pool(Bell, Branden) |
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Att: 1
Exhibit Sealed Exhibit
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| 25 | 25
motion
Order
Tue 01/31 11:53 AM
Second MOTION for Order for Immediate Release by Petitioner Terry Austin Pool (Bell, Branden) |
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| 24 | 24
notice
Notice (Other)
Tue 01/31 11:04 AM
NOTICE of Completion of New Hearing by Claude Maye (Rapstine, Jackie) |
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| Thursday, January 26, 2017 | ||
| 23 | 23
respm
Response to Motion
Thu 01/26 9:54 AM
RESPONSE by Respondent Claude Maye re17 MOTION Immediate Release (Rapstine, Jackie) |
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| Tuesday, January 24, 2017 | ||
| 22 | 22
notice
Notice (Other)
Tue 01/24 11:40 AM
NOTICE of New Hearing Date and Time by Claude Maye (Rapstine, Jackie) |
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| Monday, January 23, 2017 | ||
| 21 | 21
order
Order
Mon 01/23 1:11 PM
ORDER ENTERED: The Court enters the present order to advise the parties that unless a new hearing has been conducted by February 1, 2017, the Court will hold a hearing on that date at 3:00 p.m. in Courtroom 440, Robert Dole United States Courthouse, on petitioner's motion for immediate release. The named defendant or a person responsible for carrying out the Court's order shall appear in person for such hearing. No further notice of the hearing on petitioner's motion will be provided, but, in the event that the Commission holds its hearing before that date it shall so notify the parties and the Court and the hearing on the petitioner's motion will be cancelled. Signed by District Judge John W. Lungstrum on 01/23/17. (smnd) |
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| 20 | 20
appeal
Appeal Number Information
Mon 01/23 10:49 AM
APPEAL DOCKETED in 10CCA on January 23, 2017, and assigned Appeal No. 17-3011 re18 Notice of Appeal - Final Judgment filed by Terry Austin Pool (smnd) |
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| 19 | 19
appeal
Preliminary Record on Appeal Sent
Mon 01/23 8:43 AM
PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re18 Notice of Appeal - Final Judgment (smnd) |
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Att: 1
Preliminary Packet
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| Friday, January 20, 2017 | ||
| 18 | 18
appeal
Notice of Appeal - Final Judgment
Fri 01/20 4:56 PM
NOTICE OF APPEAL as to15 Order on Motion to Clarify,9 Memorandum & Order, by Petitioner Terry Austin Pool. (Bell, Branden) |
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| 17 | 17
motion
Miscellaneous Relief
Fri 01/20 4:17 PM
MOTION Immediate Release by Petitioner Terry Austin Pool (Bell, Branden) |
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| 16 | 16
notice
Notice (Other)
Fri 01/20 11:34 AM
NOTICE of Regarding Status of New Hearing by Claude Maye(Rapstine, Jackie) |
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Att: 1
Exh. 1 - Declaration
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| Tuesday, November 22, 2016 | ||
| 15 | 15
order
Order on Motion to Clarify
Tue 11/22 10:06 AM
ORDER ENTERED: Respondent's motion11 to clarify is granted. Signed by District Judge John W. Lungstrum on 11/22/16. (smnd) |
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| Thursday, November 17, 2016 | ||
| 14 | 14
respm
Reply to Response to Motion
Thu 11/17 11:11 AM
REPLY TO RESPONSE TO MOTION by Respondent Claude Maye re:11 MOTION to Clarify Memorandum and Order (Rapstine, Jackie) |
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| Monday, November 14, 2016 | ||
| 13 | 13
respm
Response to Motion
Mon 11/14 4:07 PM
RESPONSE by Petitioner Terry Austin Pool re11 MOTION to Clarify Memorandum and Order (Bell, Branden) |
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| Wednesday, November 02, 2016 | ||
| 12 | 12
order
Order
Wed 11/02 10:16 AM
ORDER ENTERED: Petitioner shall have until November 14, 2016, to file a response to the motion11 and the respondent shall have until November 21, 2016, to file a reply. Signed by District Judge John W. Lungstrum on 11/02/16. (smnd) |
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| Thursday, October 27, 2016 | ||
| 11 | 11
motion
Clarify
Thu 10/27 11:10 AM
MOTION to Clarify Memorandum and Order by Respondent Claude Maye (Rapstine, Jackie) |
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| Tuesday, October 18, 2016 | ||
| 10 | 10
order
Judgment
Tue 10/18 3:07 PM
JUDGMENT ENTERED: Petition for habeas corpus is granted. Signed by Deputy Clerk on 10/18/16. (msb) |
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| 9 | 9
9
pgs
order
Memorandum & Order
Tue 10/18 2:55 PM
MEMORANDUM AND ORDER: Petition for habeas corpus is granted. The U.S. Parole Commission is directed to conduct a new hearing within ninety (90) days of the date of this order and considering petitioner's case as an original jurisdiction matter. Signed by U.S. District Senior Judge John W. Lungstrum on 10/18/16. (msb) |
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| Friday, September 30, 2016 | ||
| 8 | 8
misc
Traverse
Fri 09/30 3:57 PM
TRAVERSE by Terry Austin Pool re1 Petition for Writ of Habeas Corpus. (Bell, Branden) |
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| Monday, August 22, 2016 | ||
| 7 | 7
answer
Response to Habeas Petition
Mon 08/22 3:10 PM
RESPONSE to1 Petition for Writ of Habeas Corpus by Claude Maye.(Rapstine, Jackie) |
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Att: 1
Certification of Krapels,
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Att: 2
Exhibit A - BOP Sentence Monitoring Computation Data,
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Att: 3
Exhibit B - Hearing Summary,
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Att: 4
Exhibit C - Notice of Action,
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Att: 5
Exhibit D - Federal Initial Prehearing Assessment,
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Att: 6
Exhibit E - Parole Form I-24,
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Att: 7
Exhibit F - Hearing Summary,
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Att: 8
Exhibit G - Notice of Action,
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Att: 9
Exhibit H - Hearing Summary,
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Att: 10
Exhibit I - Notice of Action,
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Att: 11
Exhibit J - Notice of Action,
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Att: 12
Exhibit K - Notice of Action,
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Att: 13
Exhibit L - Notice of Action,
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Att: 14
Exhibit M - Removal of Designation,
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Att: 15
Exhibit N - Post Hearing Assessment,
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Att: 16
Exhibit O - Letter from Stephanie A. Jones,
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Att: 17
Exhibit P - Stephanie A. Jones Declaration,
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Att: 18
Exhibit Q - Hearing Docket
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| Monday, August 08, 2016 | ||
| 6 | 6
order
Order on Motion for Extension of Time to Answer
Mon 08/08 4:23 PM
ORDER ENTERED: Respondent's motion4 for extension of time is granted and no further extensions will be granted except upon a showing of exceptional circumstances. Respondent is granted a fourteen (14) day extension, or to and including August 30, 2016, within which to file the Answer and Return or other responsive pleading. Petitioner is granted an extension up to and including September 30, 2016, to file the Traverse. Signed by District Judge John W. Lungstrum on 08/08/16. (smnd) |
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| 5 | 5
notice
Notice (Other)
Mon 08/08 11:17 AM
NOTICE by Terry Austin Pool re4 MOTION for Extension of Time to File Answer re1 Petition for Writ of Habeas Corpus (Bell, Branden) |
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| Friday, August 05, 2016 | ||
| 4 | 4
motion
Extension of Time to File Answer
Fri 08/05 5:03 PM
MOTION for Extension of Time to File Answer re1 Petition for Writ of Habeas Corpus by Respondent Claude Maye (Rapstine, Jackie) |
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| Friday, July 08, 2016 | ||
| 3 | 3
order
Show Cause- Prisoner Case
Fri 07/08 2:33 PM
ORDER TO SHOW CAUSE ENTERED: Respondent is required to show cause on or before August 8, 2016, why the writ should not be granted. Petitioner has until September 8, 2016, to file a traverse thereto. Signed by District Judge John W. Lungstrum on 07/08/16. A copy of the order was e-mailed to the U.S. Attorney for the District of Kansas. (smnd) Modified text on 7/8/2016 (smnd) |
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| 2 | 2
misc
Entry of Appearance
Fri 07/08 2:05 PM
ENTRY OF APPEARANCE by Branden A. Bell on behalf of Terry Austin Pool. (Bell, Branden) (Additional attachment added on 7/8/2016: #1 CORRECT MAIN DOCUMENT ATTACHED. Original attachment was incorrectly filed in this case) (ht) |
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| Thursday, July 07, 2016 | ||
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misc
Filing Fee Paid
Thu 07/07 4:40 PM
FILING FEE PAID in the amount of $5.00, receipt number T4631009842 (smnd) |
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| Tuesday, July 05, 2016 | ||
| 1 | 1
cmp
Petition for Writ of Habeas Corpus
Thu 07/07 4:39 PM
PETITION FOR WRIT OF HABEAS CORPUS filed by Petitioner Terry Austin Pool (smnd) |
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Att: 1
30 pgs
Memorandum in Support of Petition for Writ of Habeas Corpus;
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Att: 2
Envelope
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