Michael S. Gorbey v. Warden, USP Coleman 1
Petitioner: Michael S. Gorbey and Michael Steven Owl Feather -Gorbey
Respondent: Warden, USP Coleman 1
Case Number: 2:2023cv10043
Filed: November 29, 2023
Court: US District Court for the Central District of California
Presiding Judge: Patricia Donahue
Referring Judge: Mark C Scarsi
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal)
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 26, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 26, 2024 Opinion or Order Filing 30 MINUTES (IN CHAMBERS) Order Denying Petitioner's Motion for an Injunction, Appointment of Counsel, and Hearing [Dkt. No. 28] by Magistrate Judge Patricia Donahue: Denying #28 MOTION for Injunction; Denying #28 MOTION for Appointment of Counsel; Denying #28 MOTION for Hearing. [See document for further information.] (es)
January 25, 2024 Opinion or Order Filing 29 MINUTES (In Chambers) Minute Order Granting In Part and Denying In Part Petitioner's Request for a Copy of the Docket Sheet, Appointment of Counsel, and Leave from Filing Copies [Dkt. No. 27.] by Magistrate Judge Patricia Donahue: Granting #27 REQUEST for Order; Denying #27 REQUEST for Appointment of Counsel; Denying #27 REQUEST for Hearing. [SEE DOCUMENT FOR FURTHER INFORMATION.] (Attachments: #1 Attachment) (es)
December 11, 2023 Filing 28 MOTION to Issue an Injunction and Hold, for Appointment of Counsel, for Hearing on the Merits filed by Petitioner Michael S. Gorbey. (es)
December 8, 2023 Filing 27 Request for Copies of Docket Sheet; Appointment of Co-Counsel, Leave from Filing Copies of my Pleadings in this Case, Objections to my Response, for Hearing filed by Petitioner Michael S. Gorbey. (es)
November 29, 2023 Filing 26 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Mark C. Scarsi and referred to Magistrate Judge Patricia Donahue, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (Attachments: #1 CV38 Letter Re: Habeas Corpus Transfer-In) (et)
November 29, 2023 Filing 25 ORIGINAL file, certified copy of transfer order and docket sheet received from Florida Middle
November 29, 2023 Filing 24 CASE ELECTRONICALLY TRANSFERRED to the Central District of California. (LMF) [Transferred from Florida Middle on 11/29/2023.]
November 28, 2023 Opinion or Order Filing 23 ORDER transferring case to C.D. Cal. The gravamen of this 28 U.S.C. 2241 case is that Plaintiff did not receive proper credits for prior custody served and he is wrongly denied present gain time. Plaintiff was sentenced outside of the Middle District of Florida and presently resides at USP Victorville, California. No connection exists to the Middle District of Florida. The Clerk will transfer this matter to the Central District of Florida and close this matter. Signed by Judge William F. Jung on 11/28/2023. (Jung, William) [Transferred from Florida Middle on 11/29/2023.]
November 28, 2023 Opinion or Order Filing 22 ENDORSED ORDER denying without prejudice #21 Motion to Appoint Counsel. The document lists objections. The Court does not construe it as a direction motion seeking counsel. Signed by Judge William F. Jung on 11/28/2023. (Jung, William) [Transferred from Florida Middle on 11/29/2023.]
November 14, 2023 Filing 21 OBJECTION re #20 Response to amended habeas petition, MOTION for Appointment of Counsel, NOTICE of change of Address, and NOTICE of Denial of Court Access by Michael S. Gorbey. (Attachments: #1 Mailing Envelope)(RLK) Modified on 11/15/2023 (RLK). [Transferred from Florida Middle on 11/29/2023.]
September 29, 2023 Filing 20 RESPONSE to amended petition for writ of habeas corpus by Warden, USP Coleman 1. (Attachments: #1 Exhibit List and Exhibits)(DiNicola, Janelle) [Transferred from Florida Middle on 11/29/2023.]
August 2, 2023 Filing 19 SECOND AMENDED PETITION by a Federal Prisoner for Writ of Habeas Corpus filed by Michael S. Gorbey.(BGR) [Transferred from Florida Middle on 11/29/2023.]
August 2, 2023 Opinion or Order Filing 18 ORDER granting #17 Motion to Amend. The Clerk is directed to file the proposed Second Amended Petition (Doc. 17-1) as a separate docket entry. The Respondent shall file a response to the Second Amended Petition consistent with the Court's previous instructions. See Doc. 8. Signed by Magistrate Judge Philip R. Lammens on 8/2/2023. (KLM) [Transferred from Florida Middle on 11/29/2023.]
July 24, 2023 Filing 17 MOTION to Amend #6 Amended petition for writ of habeas corpus by Michael S. Gorbey. (Attachments: #1 Proposed Second Amended Petition, #2 Mailing Envelope)(LAB) Motions referred to Magistrate Judge Philip R. Lammens. [Transferred from Florida Middle on 11/29/2023.]
July 19, 2023 Opinion or Order Filing 16 ORDER denying as moot #13 Motion for Miscellaneous relief, specifically for the court to serve the proposed second amended complaint filed at doc. 9. Signed by Magistrate Judge Philip R. Lammens on 7/19/2023. (KLM) [Transferred from Florida Middle on 11/29/2023.]
July 10, 2023 Opinion or Order Filing 15 ORDER denying #9 Motion to Amend, #10 Motion to Appoint Counsel and #10 Motion for Hearing / Settlement Conference. The Clerk is directed to send Petitioner a blank 2241 habeas corpus form. Signed by Magistrate Judge Philip R. Lammens on 7/10/2023. (RLK) [Transferred from Florida Middle on 11/29/2023.]
July 5, 2023 Filing 14 NOTICE of Appearance by Janelle Christine DiNicola on behalf of Warden, USP Coleman 1 (DiNicola, Janelle) [Transferred from Florida Middle on 11/29/2023.]
June 26, 2023 Filing 13 MOTION for Miscellaneous Relief, specifically for the court to serve the proposed second amended complaint filed at doc. 9 by Michael S. Gorbey. (Attachments: #1 Mailing Envelope)(LAB) (pci) Motions referred to Magistrate Judge Philip R. Lammens. Modified on 6/27/2023 (LAB). (LAB). (Additional attachment(s) added on 7/3/2023: #1 Mailing Envelope) (LAB). [Transferred from Florida Middle on 11/29/2023.]
June 20, 2023 Filing 12 NOTICE to the Courts to take judicial notice regarding the opinion of the 11th Circuit by Michael S. Gorbey. (Attachments: #1 Mailing Envelope)(LAB) [Transferred from Florida Middle on 11/29/2023.]
June 12, 2023 Filing 11 SUPPLEMENT re #9 MOTION to Amend #6 Amended petition for writ of habeas corpus by Michael S. Gorbey. (LAB) [Transferred from Florida Middle on 11/29/2023.]
June 12, 2023 Filing 10 MOTION to Appoint Counsel, MOTION for Hearing by Michael S. Gorbey. (LAB) Motions referred to Magistrate Judge Philip R. Lammens. [Transferred from Florida Middle on 11/29/2023.]
June 12, 2023 Filing 9 MOTION to Amend #6 Amended petition for writ of habeas corpus by Michael S. Gorbey. (Attachments: #1 Proposed Second Amended Complaint, #2 Mailing Envelope)(LAB) Motions referred to Magistrate Judge Philip R. Lammens. Modified on 6/27/2023 (LAB). [Transferred from Florida Middle on 11/29/2023.]
June 12, 2023 Opinion or Order Filing 8 ORDER to respond and show cause why the petition should not be granted. Petitioner has 45 days to reply to the petition response. The Clerk is directed to serve the petition. Signed by Magistrate Judge Philip R. Lammens on 6/12/2023. (Attachments: #1 Petition)(KLM) [Transferred from Florida Middle on 11/29/2023.]
June 6, 2023 Filing 7 OBJECTION re #5 Order on Motion to Proceed In Forma Pauperis, Order on Motion to Appoint Counsel. (LAB) [Transferred from Florida Middle on 11/29/2023.]
June 6, 2023 Filing 6 AMENDED PETITION by a Federal prisoner for writ of habeas corpus filed by Michael S. Gorbey. (Includes Signature) (Attachments: #1 Mailing Envelope)(LAB) Modified on 6/7/2023 (LAB). [Transferred from Florida Middle on 11/29/2023.]
May 23, 2023 Opinion or Order Filing 5 ORDER granting #3 Motion to Proceed In Forma Pauperis; denying #2 Motion to Appoint Counsel and striking the Petition (Doc. 1). On or before 6/9/2023, Petitioner must file a signed Petition. The Clerk is directed to strike and return the unsigned Petition (Doc. 1) to the Petitioner. Signed by Magistrate Judge Philip R. Lammens on 5/23/2023. (LMF) [Transferred from Florida Middle on 11/29/2023.]
May 17, 2023 Opinion or Order Filing 4 STANDING ORDER for all incarcerated pro se litigants. Signed by Magistrate Judge Philip R. Lammens on 5/17/2023. (LAB) [Transferred from Florida Middle on 11/29/2023.]
May 16, 2023 Filing 3 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Michael S. Gorbey. (LAB) Motions referred to Magistrate Judge Philip R. Lammens. [Transferred from Florida Middle on 11/29/2023.]
May 16, 2023 Filing 2 MOTION to Appoint Counsel by Michael S. Gorbey. (Pleading not signed) (LAB) Motions referred to Magistrate Judge Philip R. Lammens. Modified on 5/17/2023 (LAB). [Transferred from Florida Middle on 11/29/2023.]
May 16, 2023 Filing 1 STRICKEN per order see doc. 5. PETITION for Writ of Habeas Corpus filed by Michael S. Gorbey. (Pleading not signed) (No service copy provided)(Attachments: #1 Mailing Envelope)(LAB) Modified on 5/17/2023 (LAB). Modified on 6/6/2023 (LAB). [Transferred from Florida Middle on 11/29/2023.]

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Petitioner: Michael S. Gorbey
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Petitioner: Michael Steven Owl Feather -Gorbey
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Respondent: Warden, USP Coleman 1
Represented By: Assistant 2241-194 US Attorney LA-CV
Represented By: Janelle Christine DiNicola
Represented By: Roberta J. Bodnar
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