Hoyle v. United States of America (INMATE 3)
| Melissa Kelly Hoyle |
| United States of America and Warden of FCI Aliceville |
| 7:2021cv01470 |
| November 3, 2021 |
| US District Court for the Northern District of Alabama |
| Madeline Hughes Haikala |
| Herman N Johnson |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on June 10, 2022. A more recent docket listing may be available from PACER.
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Filing 17
NOTICE of filing re: filing fee by Melissa Kelly Hoyle. (KEK)
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Filing 16
ORDER - The respondent has filed a motion for extension of time (Doc. #15 ) to file a response to the Order to Show Cause (Doc. #13 ). The motion for extension of time is GRANTED for good cause shown. The respondent is allowed until January 18, 2022, to file a response. Signed by Magistrate Judge Herman N Johnson, Jr on 12/17/2021. (KEK)
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Filing 15
MOTION for Extension of Time to Respond to Order to Show Cause by Warden of FCI Aliceville. (Pickren, Robert)
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Filing 14
NOTICE of Appearance by Robert Cooper Pickren on behalf of Warden of FCI Aliceville (Pickren, Robert)
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Filing 13
ORDER TO SHOW CAUSE - It is hereby ORDERED that the respondent appear and show cause in writing within 21 days from the entry date of this Order, why the relief requested by the petitioner should not be granted. Signed by Magistrate Judge Herman N Johnson, Jr on 12/7/2021. (KEK)
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Filing 12
ORDER - Petitioner Melissa Kelly Hoyle has filed a "Motion for Corrected Deficient Pleading", attempting to name the Warden of FCI Aliceville as the respondent in this action. (Doc. #11 ). The court construes the motion as a motion to substitute the proper respondent. As construed, the motion is GRANTED. The Clerk is DIRECTED to substitute "Warden of FCI Aliceville" for the United States of America as the respondent in this action. Signed by Magistrate Judge Herman N Johnson, Jr on 11/29/2021. (KEK)
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Filing fee: $ 5, receipt number B4601117118. (KEK)
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Filing 11
MOTION to Correct Pleading by Melissa Kelly Hoyle. (KEK)
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Filing 10
RESPONSE to #9 Order filed by Melissa Kelly Hoyle. (KEK)
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Filing 9
ORDER - Notice of Deficient Pleading - petitioner must either pay the $5.00 filing fee or submit a verified application to proceed ifp and name the proper respondent within 30 days. Signed by Magistrate Judge Herman N Johnson, Jr on 11/9/2021. (KAM)
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Filing 8
Case transferred in from District of Alabama Middle; Case Number 3:21-cv-00396. Original file certified copy of transfer order and docket sheet received.
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Filing 7
ORDER: it is ORDERED that the #6 Recommendation is ADOPTED and that this action is TRANSFERRED to the US District Court for the Northern District of Alabama pursuant to 28 USC 1631; The Clerk is DIRECTED to take the necessary steps to effectuate the transfer of this action. Signed by Honorable Judge William Keith Watkins on 11/3/2021. (bes, ) [Transferred from Alabama Middle on 11/3/2021.]
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Case transferred to Northern District of Alabama; ELECTRONICALLY transferred via CM/ECF transfer function to Clerk. (No PDF attached to this entry) (bes, ) [Transferred from Alabama Middle on 11/3/2021.]
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No objections received re #6 Recommendation. (No PDF attached to this entry) (bes, ) [Transferred from Alabama Middle on 11/3/2021.]
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Filing 6
RECOMMENDATION OF THE MAGISTRATE JUDGE: The undersigned RECOMMENDS that this case be transferred to the US District Court for the Northern District of Alabama under 28 USC 1631, as further set out in order; Objections to R&R due by 10/22/2021. Signed by Honorable Judge Susan Russ Walker on 10/7/2021. (bes, ) [Transferred from Alabama Middle on 11/3/2021.]
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Filing 5
ORDER: It is ORDERED that the #1 Order is AMENDED as follows: Melissa Kelly Hoyle's pro se "Motion for Hardship Credit for Hard Time Served" (Doc. # 82) is CONSTRUED as a 28 USC 2241 motion (and not as a 28 USC 2255 motion); The #1 Order otherwise remains in effect. Signed by Honorable Judge William Keith Watkins on 9/27/2021. (bes, ) [Transferred from Alabama Middle on 11/3/2021.]
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Filing 4
MOTION for Status by Melissa Kelly Hoyle. (bes, ) [Transferred from Alabama Middle on 11/3/2021.]
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Filing 3
NOTICE of Appearance by Eric M Counts on behalf of United States of America (Counts, Eric) [Transferred from Alabama Middle on 11/3/2021.]
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PETITION for Writ of Habeas Corpus, filed by Melissa Kelly Hoyle. (No PDF attached to this entry - see doc #2 for PDF)(bes, ) [Transferred from Alabama Middle on 11/3/2021.]
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Filing 2
(VACATED PURSUANT TO THE COURT'S #5 ORDER) MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Melissa Kelly Hoyle. (Attachments: #1 Criminal Docket Sheet, #2 Criminal Judgement)(bes, ) Modified on 9/27/2021 (bes, ). [Transferred from Alabama Middle on 11/3/2021.]
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Filing 1
Copy of Order entered in Criminal Action 3:18-cv-4-WKW: it is ORDERED that the Clerk of the Court shall: (1) Construe the pro se "Motion for Hardship Credit for Hard Time Served (Doc. 82) as a 28 USC 2255 motion; (2) Terminate the motion in the criminal case, open a new civil action under 28 USC 2255, and docket this same motion in the newly opened civil action; and (3) Upon completion of the foregoing directives, the Clerk of the Court shall assign the newly opened civil action to the magistrate judge and district judge to whom the instant case is assigned and refer the case to the magistrate judge for further proceedings. Signed by Honorable Judge William Keith Watkins on 6/2/2021. (bes, ) [Transferred from Alabama Middle on 11/3/2021.]
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