Preston v. Gomez
| James M. Preston |
| Warden Christopher C. Gomez |
| 5:2021cv00646 |
| May 7, 2021 |
| US District Court for the Northern District of Alabama |
| Liles C Burke |
| Staci G Cornelius |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Filing 56 Case transferred in from District of West Virginia Northern; Case Number 1:19-cv-00114. Original file certified copy of transfer order and docket sheet received. |
Filing 55
AGREED ORDER VACATING SENTENCE AND TRANSFERRING TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA FOR RESENTENCING. The Court denies the Respondent's #36 Motion to Dismiss; grants the Petitioner's #1 Petition; VACATES the Petitioner's sentence and transfers this civil action to the USDC for the Northern District of Alabama for resentencing under case no. 5:03-cr-54. Signed by District Judge Thomas S. Kleeh on 5/7/21. (Copy PS Petitioner via cert mail)(mh) [Transferred from West Virginia Northern on 5/7/2021.]
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| Case transferred to the Northern District of Alabama. Entire Case file electronically transmitted. (mh) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 54 RESPONSE by Christopher C. Gomez to #46 Order,. (Attachments: #1 Proposed Order)(Prezioso, Christopher) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 53 RETURN RECEIPT as to #52 Order on Motion for Extension of Time to File Response/Reply, #50 Order. SERVICE ACCEPTED on 4/9/2021. (dk) [Transferred from West Virginia Northern on 5/7/2021.] |
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Filing 52
ORDER GRANTING MOTION TO EXTEND DEADLINE TO FILE SUPPLEMENTAL RESPONSE #49 re #36 MOTION to Dismiss for Lack of Jurisdiction . Supplemental Responses due by 5/3/2021. Signed by District Judge Thomas S. Kleeh on 4/2/2021. (copy counsel of record, copy pro se petitioner via certified mail)(jmm) (Additional attachment(s) added on 4/5/2021: #1 Certified Mail Return Receipt) (dk). [Transferred from West Virginia Northern on 5/7/2021.]
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Filing 50
ORDER TO SEAL ATTACHMENTS GRANTS 48 Motion. Signed by District Judge Thomas S. Kleeh on 4/2/2021. (copy counsel of record (jmm) (Additional attachment(s) added on 4/5/2021: #1 Certified Mail Return Receipt) (dk). [Transferred from West Virginia Northern on 5/7/2021.]
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| Filing 49 MOTION for Extension of Time to File Response/Reply by Christopher C. Gomez. (Attachments: #1 Proposed Order)(Prezioso, Christopher) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 47 RETURN RECEIPT as to #46 Order. SERVICE ACCEPTED on 3/29/2021. (dk) [Transferred from West Virginia Northern on 5/7/2021.] |
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Filing 46
ORDER DIRECTING RESPONDENT TO FILE A SUPPLEMENTAL REPONSE AND PRODUCE A COPY OF PETITIONER'S PRESENTENCE INVESTIGATION REPORT. Signed by Magistrate Judge Michael John Aloi on 3/23/21. (mh) (Copy PS Petitioner via cert mail) (Additional attachment(s) added on 3/24/2021: #1 Certified Mail Return Receipt) (dk). [Transferred from West Virginia Northern on 5/7/2021.]
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| Filing 45 LETTER from James Preston to Clerk of Court. (Attachments: #1 Envelope)(mh) (Attachment 1 replaced on 3/22/2021) (mh). [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 44 NOTICE of Appearance by Christopher James Prezioso on behalf of Christopher C. Gomez (Prezioso, Christopher) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 43 RESPONSE to Motion re #36 MOTION to Dismiss for Lack of Jurisdiction filed by James M. Preston. (Attachments: #1 Envelope)(mh) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 42 RETURN RECEIPT as to #41 Order. SERVICE ACCEPTED on 11/16/20. (mh) [Transferred from West Virginia Northern on 5/7/2021.] |
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Filing 41
ORDER GRANTING PETITIONER'S MOTION FOR EXTENSION OF TIME AND DENYING PETITIONER'S ALTERNATIVE MOTION TO APPOINT COUNSEL. Petitioner's motion #40 for an extension of time to reply is GRANTED. Responses due by 1/8/2021. Petitioner's alternative motion for appointed counsel (ECF No. #40 ) is DENIED. Signed by Magistrate Judge Michael John Aloi on 11/10/2020. (Copy Pro Se Petitioner by cert. mail) (dk) (Additional attachment(s) added on 11/10/2020: #1 Certified Mail Return Receipt) (dk). [Transferred from West Virginia Northern on 5/7/2021.]
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| Filing 40 MOTION FOR EXTENSION OF TIME TO RESPOND TO ORDER TO SHOW CAUSE re #36 MOTION to Dismiss for Lack of Jurisdiction , #38 Roseboro Notice, by James M. Preston. (Attachments: #1 Envelope)(mh) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 39 RETURN RECEIPT as to #38 Roseboro Notice. SERVICE ACCEPTED on 10/27/20. (mh) [Transferred from West Virginia Northern on 5/7/2021.] |
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Filing 38
ROSEBORO NOTICE re #36 MOTION to Dismiss for Lack of Jurisdiction filed by Christopher C. Gomez. Within 21 days from the date of this Order, the pro se party shall file any opposition to the motion. Signed by Magistrate Judge Michael John Aloi on 10/23/2020. (Copy PS Petitioner by cert. mail) (dk) (Additional attachment(s) added on 10/23/2020: #1 Certified Mail Return Receipt) (mh). [Transferred from West Virginia Northern on 5/7/2021.]
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| Filing 37 Memorandum in Support re #36 MOTION to Dismiss for Lack of Jurisdiction filed by Christopher C. Gomez. (Attachments: #1 Exhibit Exhibit 1 - Eleventh Circuit Opinion, #2 Exhibit Exhibit 2 - June 2009 Motion to Vacate Sentence, #3 Exhibit Exhibit 3 - Supplemental Response re June 2009 Motion to Vacate Sentence, #4 Exhibit Exhibit 4 - Report and Recommendation re June 2009 Motion to Vacate Sentence, #5 Exhibit Exhibit 5 - Order Denying June 2009 Motion to Vacate Sentence, #6 Exhibit Exhibit 6 - March 2010 Motion to Vacate Sentence, #7 Exhibit Exhibit 7 - Supplemental Response re March 2010 Motion to Vacate Sentence, #8 Exhibit Exhibit 8 - Report and Recommendaiton re March 2010 Motion to Vacate Sentence, #9 Exhibit Exhibit 9 - Order Denying March 2010 Motion to Vacate Sentence, #10 Exhibit Exhibit 10 - May 2014 Motion to Vacate Sentence, #11 Exhibit Exhibit 11 - Motion to Withdraw May 2014 Motion to Vacate Sentence, #12 Exhibit Exhibit 12 - Order Granting Motion to Withdraw May 2014 Motion to Vacate Sentence, #13 Exhibit Exhibit 13 - June 2016 Motion to Vacate Sentence, #14 Exhibit Exhibit 14 - Order Dismissing June 2016 Motion to Vacate Sentence)(Tighe, Tara) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 36 MOTION to Dismiss for Lack of Jurisdiction by Christopher C. Gomez. (Tighe, Tara) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 35 RETURN RECEIPT as to #34 Order on Motion for Extension of Time to Answer. SERVICE ACCEPTED on 9/18/2020. (dk) [Transferred from West Virginia Northern on 5/7/2021.] |
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Filing 34
ORDER GRANTING THE RESPONDENT'S SECOND MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND #33 . ORDERED that the respondent shall answer or otherwise respond to the petition in this case by October 23, 2020. Signed by Magistrate Judge Michael John Aloi on 9/15/2020. (Copy PS Petitioner by cert. mail) (dk) (Additional attachment(s) added on 9/15/2020: #1 Certified Mail Return Receipt) (dk). [Transferred from West Virginia Northern on 5/7/2021.]
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| Filing 33 MOTION for Extension of Time to File Answer by Christopher C. Gomez. (Attachments: #1 Proposed Order)(Tighe, Tara) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 32 RETURN RECEIPT as to #31 Order. SERVICE ACCEPTED on 8/17/20. (mh) [Transferred from West Virginia Northern on 5/7/2021.] |
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Filing 31
ORDER GRANTING THE RESPONDENT'S #30 MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND. ORDERED that the respondent shall answer or otherwise respond to the petition in this case by 9/23/2020. Signed by Magistrate Judge Michael John Aloi on 8/10/2020. (Copy PS Petitioner by cert. mail) (dk) (Additional attachment(s) added on 8/10/2020: #1 Certified Mail Return Receipt) (mh). [Transferred from West Virginia Northern on 5/7/2021.]
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| Filing 30 MOTION for Extension of Time to File Answer by Christopher C. Gomez. (Attachments: #1 Proposed Order)(Tighe, Tara) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 29 RETURN RECEIPT as to #27 Order to Show Cause. SERVICE ACCEPTED on 7/31/2020. (dk) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 28 NOTICE of Appearance by Tara Noel Tighe on behalf of Christopher C. Gomez (Tighe, Tara) (Main Document 28 replaced with flattened document on 7/27/2020) (dk). [Transferred from West Virginia Northern on 5/7/2021.] |
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Filing 27
ORDER TO SHOW CAUSE. Therefore, the Warden shall have twenty-eight (28) days from the date of this Order, to show cause why the writ should not be granted. Petitioner shall have fourteen (14) days from the date a response is filed to file any reply he may have. Signed by Magistrate Judge Michael John Aloi on 7/27/2020. (Copy PS Petitioner by cert. mail). (dk) (Additional attachment(s) added on 7/27/2020: #1 Certified Mail Return Receipt) (dk). [Transferred from West Virginia Northern on 5/7/2021.]
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| Filing 26 LETTER from James Preston to Clerk of Court requesting status. (Attachments: #1 Envelope) (public docket sheet sent) (dk) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 25 Copy of Petition for Writ of Mandamus that Petitioner filed at the 4CCA. (Copy forwarded to Judge Kleeh's chambers) (dk) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 24 USCA ORDER. The court grants leave to proceed in forma pauperis. Signed by Patricia S. Conner, Clerk, For the Court - By Direction. (dk) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 23 Writ of Mandamus filed by James M. Preston. (Similar to document filed at DN19). (Attachments: #1 Envelope) (dk) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 22 Docketing Notice - Original Proceedings from the USCA - Fourth Circuit re #20 Notice of Case Opening as to Writ of Mandamus filed by James M. Preston. (mh) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 21 Corrected Notice of Case Opening as to James M. Preston correcting WVND civil case number re #20 Notice of Case Opening/Writ of Mandamus. (mh) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 20 Notice of Case Opening - USCA for the 4th Circuit. (Attachments: #1 Photocopy of Writ of Mandamus filed at the USCA - Fourth Circuit)(mh) (Incorrect WVND case number reflected on document; filed in correct case, being 1:19-cv-114) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 19 Photocopy of Pro Se Motion for Writ of Mandamus filed with Fourth Circuit Court of Appeals filed by James M. Preston. (Attachments: #1 Envelope)(dk) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 18 LETTER from Clerk of Court to James Preston in response to #17 Letter. (dk) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 17 LETTER from James Preston to Clerk of Court. (Attachments: #1 Envelope) (dk) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 16 LETTER from Clerk of Court to James M. Preston in response to #15 Letter. (mh) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 15 LETTER from James Preston to Clerk of Court. (Attachments: #1 Envelope)(mh) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 14 NOTICE of Change of Address by James M. Preston. (Address updated and copy of public docket sent) (Attachments: #1 Envelope) (dk) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 13 LETTER from James Preston to Clerk of Court requesting update and Pro Se packet (copy of public docket sheet and form Pro Se packet sent to PS Petitioner). (Attachments: #1 Envelope) (dk) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 12 LETTER from James M. Preston to Clerk of Court requesting docket sheet. (Copy of public docket sheet sent to PS Petitioner) (Attachments: #1 Envelope)(mh) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 11 Filing fee received from James Preston: $ 5.00, receipt number WVNC002636. (dk) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 10 RETURN RECEIPT as to #9 Order on Motion for Leave to File Excess Pages and #8 Order on Motion for Leave to Proceed in forma pauperis. SERVICE ACCEPTED on 6/14/2019 (per USPS website). (dk) [Transferred from West Virginia Northern on 5/7/2021.] |
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Filing 9
ORDER GRANTING #2 MOTION FOR LEAVE TO FILE EXCESS PAGES. Signed by Magistrate Judge Michael John Aloi on 6/11/2019. (Copy to Pro Se Petitioner by cert. mail). (dk) (Additional attachment(s) added on 6/11/2019: #1 Certified Mail Return Receipt) (dk). [Transferred from West Virginia Northern on 5/7/2021.]
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Filing 8
ORDER GRANTING #7 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS BUT DIRECTING PETITIONER TO PAY THE $5.00 FILING FEE. Filing Fee to be paid within thirty (30) days from the date of this Order. Signed by Magistrate Judge Michael John Aloi on 6/11/2019. (Copy to Pro Se Petitioner by cert. mail). (dk) (Additional attachment(s) added on 6/11/2019: #1 Certified Mail Return Receipt) (dk). [Transferred from West Virginia Northern on 5/7/2021.]
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| Filing 7 ** SEALED** MOTION for Leave to Proceed in forma pauperis by James M. Preston. (Attachments: #1 Copy of Deficiency Notice, #2 Envelope)(mh) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 6 ** SEALED ** Prisoner Trust Fund Account Statement by James M. Preston. (Attachments: #1 Ledger Sheet, #2 Envelope)(mh) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 5 RETURN RECEIPT as to #4 Notice (Other), and #3 Notice (Other). SERVICE ACCEPTED on 5/28/2019. (dk) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 4 NOTICE OF DEFICIENT PLEADING (Copy with attachments to Pro Se Petitioner via certified mail). (Attachments: #1 IFP Form, #2 Attachment PTR Form) (dk) (Additional attachment(s) added on 5/24/2019: #3 Certified Mail Return Receipt) (dk). [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 3 Notice of General Guidelines for Appearing Pro Se in Federal Court. (Copy to Pro Se Petitioner via certified mail). (dk) (Additional attachment(s) added on 5/24/2019: #1 Certified Mail Return Receipt) (dk). [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 2 MOTION FOR LEAVE TO EXTEND PAGE LIMIT OF HABEAS APPLICATION PURSUANT TO 28 USC SECTION 2241 TO INCLUDE MEMORANDUM OF LAW by James M. Preston. (dk) [Transferred from West Virginia Northern on 5/7/2021.] |
| Filing 1 PETITION for Writ of Habeas Corpus against Christopher C. Gomez, filed by James M. Preston. (Attachments: #1 Memorandum of Law in Support of Petition, #2 Attachment 1 - Sentencing Transcripts, #3 Attachment 2 - Copy of Prior State Charges, #4 Exhibit B - Sentencing Order, #5 Envelope) (dk) [Transferred from West Virginia Northern on 5/7/2021.] |
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| Petitioner: James M. Preston | |
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| Respondent: Warden Christopher C. Gomez | |
| Represented By: | Sharon L. Potter |
| Represented By: | Tara Noel Tighe |
| Represented By: | Christopher James Prezioso |
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