Shakur v. Paul et al
Petitioner: Mutulu Shakur and Jeral Williams
Respondent: David Paul, Patricia K. Cushwa and Charles T. Massarone
Case Number: 5:2022cv00204
Filed: August 9, 2022
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Karen K Caldwell
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 14, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 28, 2022 Opinion or Order Filing 26 RESPONSE to #1 Petition for Writ of Habeas Corpus filed by Patricia K. Cushwa, Charles T. Massarone, David Paul. (Attachments: #1 Exhibit Certification with exhibits)(Morgan, Cheryl) Modified text on 9/28/2022 (MDC).
September 28, 2022 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #26 RESPONSE to PETITION for Writ of Habeas Corpus. (MDC)
September 23, 2022 Opinion or Order CONVENTIONAL FILING received on behalf of Mutulu Shakur. CD ( Exh 24 - Audio Recording) is filed per #25 NOTICE of Conventional Filing. (MAINTAINED ON THE SHELF IN THE CLERK'S OFFICE) (JER) Modified Text/Docket Relationship on 9/23/2022 (MDC).
September 17, 2022 Opinion or Order Filing 25 NOTICE OF FILING by Mutulu Shakur re #1 Petition for Writ of Habeas Corpus. Notice of Conventional Filing (Thomson, Brad)
September 6, 2022 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #24 Status Report. (MDC)
September 2, 2022 Opinion or Order Filing 24 STATUS REPORT by Mutulu Shakur. (Attachments: #1 Exhibit Order Regarding Compassionate Release)(Thomson, Brad)
August 29, 2022 Opinion or Order Filing 23 STATUS REPORT by Mutulu Shakur. (Attachments: #1 Exhibit Notice of Action)(Thomson, Brad)
August 29, 2022 Opinion or Order Filing 22 ORDER: 1) Respondents SHALL respond to Shakur's #1 petition on or before 9/28/2022; 2) Petitioner Shakur SHALL file a reply on or before 10/12/2022. Signed by Judge Karen K. Caldwell on 08/29/2022. (MDC) cc: COR
August 26, 2022 Opinion or Order Filing 21 RESPONSE to Motion for Expedited Briefing Schedule filed by Patricia K. Cushwa, Charles T. Massarone, David Paul. (Fleming, Tiffany)
August 25, 2022 Opinion or Order Filing 20 STATUS REPORT Regarding Motion for Expedited Briefing and Service on United States by Mutulu Shakur. (Thomson, Brad)
August 25, 2022 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: #20 Status Report. (MDC)
August 24, 2022 Opinion or Order Filing 19 SUMMONS Returned Executed by Mutulu Shakur via Certified Mail to David Paul served on 8/12/2022. Service to U.S. Attorney executed via Certified Mail on 8/18/2022; Service to U.S. Attorney General executed via Certified Mail on 8/18/2022. (Thomson, Brad)
August 24, 2022 Opinion or Order Filing 18 SUMMONS Returned Executed by Mutulu Shakur via Certified Mail to Service to U.S. Attorney executed via Certified Mail on 8/18/2022; Service to U.S. Attorney General executed via Certified Mail on 8/18/2022. (Thomson, Brad)
August 24, 2022 Opinion or Order Filing 17 SUMMONS Returned Executed by Mutulu Shakur via Certified Mail to Patricia K. Cushwa served on 8/12/2022. Service to U.S. Attorney executed via Certified Mail on 8/18/2022; Service to U.S. Attorney General executed via Certified Mail on 8/18/2022. (Thomson, Brad)
August 24, 2022 Opinion or Order Filing 16 ORDER: 1) Petitioner's #15 Motion to Expedite is DENIED WITHOUT PREJUDICE; 2) Petitioner SHALL comply w/ the Rules 4(i) & 4(1) w/in 7 days; 3) If Petitioner asserts his claims against the named Respondents in their individual capacities, a notice indicating that intention SHALL be filed w/in 7 days; 4) Petitioner SHALL file a notice with this Court if there is a dispositive ruling on Petitioner's Motion for Compassionate Release filed with the court of conviction w/in 7 days of the ruling being entered, and Petitioner SHALL attach a copy of the ruling; and 5) All other instructions from the Court's previous #11 Order remain in full effect. Signed by Judge Karen K. Caldwell on 08/24/2022. (MDC) cc: COR
August 24, 2022 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #15 MOTION to Expedite by Mutulu Shakur Motion for Expedited Briefing Schedule. (MDC)
August 23, 2022 Opinion or Order Filing 15 MOTION to Expedite by Mutulu Shakur Motion for Expedited Briefing Schedule (Attachments: #1 Proposed Order)(Thomson, Brad)
August 18, 2022 Opinion or Order Filing 14 SUMMONS Returned Executed by Mutulu Shakur via USPS Cert. Mail to Service to U.S. Attorney executed via USPS Cert. Mail on 8/18/2022; Service to U.S. Attorney General executed via USPS Cert. Mail on 8/18/2022. (Thomson, Brad)
August 18, 2022 Opinion or Order Filing 13 SUMMONS Returned Executed by Mutulu Shakur via USPS Cert. Mail to Service to U.S. Attorney executed via USPS Cert. Mail on 8/18/2022; Service to U.S. Attorney General executed via USPS Cert. Mail on 8/18/2022. (Thomson, Brad)
August 18, 2022 Opinion or Order Filing 12 SUMMONS Returned Executed by Mutulu Shakur via USPS Cert. Mail to Service to U.S. Attorney executed via USPS Cert. Mail on 8/18/2022; Service to U.S. Attorney General executed via USPS Cert. Mail on 8/18/2022. (Thomson, Brad)
August 17, 2022 Opinion or Order Filing 11 AMENDED ORDER:(1) The Court's order of August 17, 2022 #10 is VACATED;(2) The Petitioner SHALL comply with the Rule 4(i) requirements for service upon the United States and indicate such compliance in the record; (3) If Petitioner seeks an expedited briefing schedule, Petitioner shall file a motion to thateffect within seven (7) days of the service upon the United States ordered above; (4) If Petitioner does not seek an expedited briefing schedule, briefing shall be as follows: a. The Respondents SHALL file a response to Shakur's petition within sixty (60) days of the United States being served with a copy of the petition; and b. Petitioner Shakur SHALL file a reply in further support of his petition within thirty (30) days after the filing of Respondents response. The petition will stand submitted for review at that time. Signed by Judge Karen K. Caldwell on 8/17/2022.(SAM)cc: COR
August 17, 2022 Opinion or Order Filing 10 *VACATED Pursuant to #11 * ORDER: (1) The Respondents SHALL comply with the Rule 4(i) requirements for service upon the United States and indicate such compliance in the record; (2) If Respondents seek an expedited briefing schedule, Respondents shall file a motion to that effect within seven (7) days of the service upon the United States ordered above; (3) If Respondents do not seek an expedited briefing schedule, briefing shall be as follows: a. The Respondents SHALL file a response to Shakur's petition within sixty (60) days of the United States being served with a copy of the petition; and b. Petitioner Shakur SHALL file a reply in further support of his petition within thirty (30) days after the filing of Respondents' response. The petition will stand submitted for review at that time. Signed by Judge Karen K. Caldwell on 8/17/22.(JLM)cc: COR Modified on 8/18/2022 (STC).
August 12, 2022 Opinion or Order Filing 9 SUMMONS Returned Executed by Mutulu Shakur via USPS Cert. Mail to David Paul served on 8/12/2022, answer due 9/2/2022. (Thomson, Brad)
August 12, 2022 Opinion or Order Filing 8 SUMMONS Returned Executed by Mutulu Shakur via USPS Cert. Mail to Charles T. Massarone served on 8/12/2022, answer due 9/2/2022. (Thomson, Brad)
August 12, 2022 Opinion or Order Filing 7 SUMMONS Returned Executed by Mutulu Shakur via USPS Cert. Mail to Patricia K. Cushwa served on 8/12/2022, answer due 9/2/2022. (Thomson, Brad)
August 11, 2022 Opinion or Order Filing 6 ORDER: granting #5 Motion to Appear Pro Hac Vice for Brad J. Thomson. Signed by Judge Karen K. Caldwell on 8/11/22. (JLM)cc: COR and Brad Thomson by US Mail
August 11, 2022 Opinion or Order BAR STATUS Check completed as to Brad J. Thomson re #5 MOTION for Brad Thomson to Appear Pro Hac Vice by Mutulu Shakur (Filing fee $125; receipt number AKYEDC-5334756). (KM)
August 11, 2022 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #5 MOTION for Brad Thomson to Appear Pro Hac Vice by Mutulu Shakur (Filing fee $125; receipt number AKYEDC-5334756) (KM)
August 11, 2022 Opinion or Order NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Brad Thomson: re #6 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Brad Thomson (JLM)
August 11, 2022 Opinion or Order Clerk's Note: Per Chambers, #1 Petition for Writ of Habeas Corpus, case not referred to PSO. (GLD)
August 10, 2022 Opinion or Order Filing 5 MOTION for Brad Thomson to Appear Pro Hac Vice by Mutulu Shakur ( Filing fee $125; receipt number AKYEDC-5334756) (Attachments: #1 Exhibit Affirmation, #2 Exhibit Certificate of Good Standing, #3 Proposed Order)(Belzley, Gregory)
August 10, 2022 Opinion or Order Filing 4 NOTICE TO ATTORNEY Brad J. Thomson by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (SAM)
August 10, 2022 Opinion or Order Filing 3 Summons Issued as to Patricia K. Cushwa, Charles T. Massarone, David Paul; Summons issued and returned to counsel electronically (Attachments: #1 Summons Cushwa, #2 Summons Massarone)(SAM)
August 10, 2022 Opinion or Order Conflict Check run. (SAM)
August 9, 2022 Opinion or Order Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AKYEDC-5333543.), filed by Mutulu Shakur. (Attachments: #1 Memorandum in Support, #2 Exhibit 5/18/22 Medical Report, #3 Exhibit 5/24-25/22 Medical Report, #4 Exhibit Parole Packet, #5 Exhibit Holder Letter, #6 Exhibit Weeks Letter, #7 Exhibit Dr. Peprah Letter, #8 Exhibit Keilman Letter, #9 Exhibit Williams Letter, #10 Exhibit PTah Letter, #11 Exhibit Hinshaw Letter, #12 Exhibit Gamboa Letter, #13 Exhibit Progress Report, #14 Exhibit Donson Declaration, #15 Exhibit Program Certificates, #16 Exhibit Schuldt Letter, #17 Exhibit 5/16/22 Notice of Action, #18 Exhibit Niesvizky Declaration, #19 Exhibit 5/1/22 Medical Report, #20 Exhibit 5/18/22 Medical Report, #21 Exhibit 5/25/22 Medical Report, #22 Exhibit 6/1/22 Medical Report, #23 Exhibit PATTERN Assessment, #24 Exhibit Audio Recording, #25 Exhibit Thomson Declaration, #26 Exhibit 2022 Prehearing Summary of 2020 Hearing, #27 Exhibit 2018 Parole Statement, #28 Civil Cover Sheet Blank, #29 Summons Warden Paul, #30 Summons Cushwa, #31 Summons Massarone)(SAM)

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Petitioner: Mutulu Shakur
Represented By: Brad J. Thomson
Represented By: Gregory Allen Belzley
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Petitioner: Jeral Williams
Represented By: Brad J. Thomson
Represented By: Gregory Allen Belzley
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Respondent: David Paul
Represented By: Cheryl D. Morgan, AUSA
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Respondent: Patricia K. Cushwa
Represented By: Cheryl D. Morgan, AUSA
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Respondent: Charles T. Massarone
Represented By: Cheryl D. Morgan, AUSA
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