Rivera-Guerra v. Coakley

Rivera-Guerra v. Coakley

Plaintiff:	Jose J. Rivera-Guerra
Defendant:	Joe Coakley
Case Number:	5:2015cv05184
Filed:	April 24, 2015
Court:	US District Court for the Southern District of West Virginia
Office:	Beckley Office
County:	Raleigh
Presiding Judge:	Irene C. Berger
Presiding Judge:	Cheryl A. Eifert
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2241
Jury Demanded By:	None

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Date Filed	Document Text
October 18, 2016	Filing 15 MEMORANDUM OPINION AND ORDER: The Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the 13 Proposed Findings and Recommendation, and ORDERS that Petitioner's 1 Application Under 28 U.S.C. Section 2241 for Writ of Habeas By a Person in State or Federal Custody be DENIED, this action be DISMISSED with prejudice and REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 10/18/2016. (cc: USMJ Eifert; attys; any unrepresented party) (msa)
May 7, 2015	Filing 6 MEMORANDUM OPINION, ORDER and NOTICE: The court finds that Petitioner's 1 Petition for a Writ of Habeas Corpus Under 28 U.S.C. Section 2241 should be construed as a Motion Under 28 U.S.C. Section 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody; Petitioner is NOTIFIED that pursuant to the Antiterrorism and Effective Death Penalty Act, Amendments to 28 U.S.C. Section 2255 motions for habeas relief filed under Section 2255 must be filed within one year from the date on which the judgment of conviction becomes final; Petitioner is NOTIFIED that Section 2255 also limits a Petitioner's ability to file a second or successive Section 2255 motion; it is ORDERED that Petitioner should inform the court in wri ting by 6/19/2015 is he does not wish to have his Petition re-characterized as a 2255 motion. Should Petitioner not agreed the re-characterization of his Petition as a 2255 motion, Proposed Findings of Fact and Recommendations will be issued on the P etition as filed under Section 2241. Should Petitioner fail to respond to this Notice, the Petition will be considered filed under Section 2255 and transfer of the case to the US District Court, District of Puerto Rico will be recommended. Signed by Magistrate Judge Cheryl A. Eifert on 5/7/2015. (cc: attys; Petitioner) (slr)

Date Filed

Document Text

October 18, 2016

Filing 15 MEMORANDUM OPINION AND ORDER: The Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the 13 Proposed Findings and Recommendation, and ORDERS that Petitioner's 1 Application Under 28 U.S.C. Section 2241 for Writ of Habeas By a Person in State or Federal Custody be DENIED, this action be DISMISSED with prejudice and REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 10/18/2016. (cc: USMJ Eifert; attys; any unrepresented party) (msa)

May 7, 2015

Filing 6 MEMORANDUM OPINION, ORDER and NOTICE: The court finds that Petitioner's 1 Petition for a Writ of Habeas Corpus Under 28 U.S.C. Section 2241 should be construed as a Motion Under 28 U.S.C. Section 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody; Petitioner is NOTIFIED that pursuant to the Antiterrorism and Effective Death Penalty Act, Amendments to 28 U.S.C. Section 2255 motions for habeas relief filed under Section 2255 must be filed within one year from the date on which the judgment of conviction becomes final; Petitioner is NOTIFIED that Section 2255 also limits a Petitioner's ability to file a second or successive Section 2255 motion; it is ORDERED that Petitioner should inform the court in wri ting by 6/19/2015 is he does not wish to have his Petition re-characterized as a 2255 motion. Should Petitioner not agreed the re-characterization of his Petition as a 2255 motion, Proposed Findings of Fact and Recommendations will be issued on the P etition as filed under Section 2241. Should Petitioner fail to respond to this Notice, the Petition will be considered filed under Section 2255 and transfer of the case to the US District Court, District of Puerto Rico will be recommended. Signed by Magistrate Judge Cheryl A. Eifert on 5/7/2015. (cc: attys; Petitioner) (slr)

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Plaintiff: Jose J. Rivera-Guerra
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Defendant: Joe Coakley
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