(HC) Walker v. Krueger
| Jacoby Walker |
| J. E. Krueger |
| 1:2018cv01055 |
| August 8, 2018 |
| US District Court for the Eastern District of California |
| Fresno Office |
| Merced |
| Stanley A Boone |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on December 2, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 MOTION to transfer action back to the U.S. District Court for the Southern District of Indiana by Jacoby Walker. (Lundstrom, T) |
| Filing 22 NOTICE of CHANGE of ADDRESS by Jacoby Walker. Address Remains the Same. (Flores, E) |
| Filing 21 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Jacoby Walker. (Flores, E) |
| Filing 20 DOCUMENT(S) SERVED ELECTRONICALLY: #1 Petition for Writ of Habeas Corpus, served on United States Attorney. (Flores, E) |
Filing 19
ORDER DIRECTING RESPONDENT to File a Response to Petition signed by Magistrate Judge Stanley A. Boone on 08/27/2018. Clerk to serve a copy of this order, a copy of the Petition on the Attorney General.(Flores, E)
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| SERVICE BY MAIL: #19 Order Directing Respondent to File a Response to the Petition served on Jacoby Walker. (Flores, E) |
| Filing 18 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 9/10/2018. (Attachments: #1 Order re Consent) (Marrujo, C) |
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Filing 17
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Jacoby Walker signed by Magistrate Judge Stanley A. Boone on 8/8/18. (Marrujo, C)
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| Filing 16 CASE TRANSFERRED IN from District of California Central; Case Number 5:18-cv-01553. |
| SERVICE BY MAIL: #17 Order Authorizing IFP Status, #18 Prisoner New Case Documents for Magistrate Judge as Presider served on Jacoby Walker. (Marrujo, C) |
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Filing 15
ORDER TRANSFERRING ACTION TO UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA by Judge Andre Birotte Jr. The case will be transferred to the Eastern District of California for further proceedings. The United States Attorney in the Central District is relieved of its obligation to respond to the petition. (Docket # 13.) (See Order for further details) Original file, certified copy of the transfer order and docket sheet sent. (MD JS-6. Case Terminated.) (vm) [Transferred from cacd on 8/8/2018.]
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| Filing 14 Mail Returned addressed to VICTORVILLE - USP, VICTORVILLE U.S. PENITENTIARY, Inmate Mail/ Parcels, P.O. Box 3900, Adelanto, CA 92301. re Order Requiring Return/Answer to Petition #13 (vm) [Transferred from cacd on 8/8/2018.] |
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Filing 13
ORDER REQUIRING RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS by Magistrate Judge Michael R. Wilner. Respondent J.E. KRUEGER to file Motion to Dismiss/Answer to the Petition not later than 8/22/2018. Reply due by 9/21/2018. (See Minute Order for further details) Notice: The court has issued a ruling on preliminary review. Pursuant to the Agreement on Acceptance of Service between the Clerk of Court and the United States Attorneys Office, this Notice constitutes service under Fed. R. Civ. P. 4. (Attachments: #1 Petition, #2 Transfer Order) (vm) [Transferred from cacd on 8/8/2018.]
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| Filing 12 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Andre Birotte Jr and referred to Magistrate Judge Michael R. Wilner, 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, #2 CV38 form transfer-in) (et) [Transferred from cacd on 8/8/2018.] |
| Filing 11 ORIGINAL file, certified copy of transfer order and docket sheet received from Indiana Southern [Transferred from cacd on 8/8/2018.] |
| Filing 10 Transfer Letter to Clerk of the Central District of California. Case transferred electronically to Central District of California, on July 20, 2018. (DWH) [Transferred from Indiana Southern on 7/20/2018.] [Transferred from cacd on 8/8/2018.] |
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Filing 9
CLOSED - Order Transferring Action to the United States District Court for the Central District of California: "[F]or habeas petitions challenging present physical confinement, jurisdiction lies in only one district, the district of confinement." Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004). Since filing this action, the petitioner has been moved to the Central District of California. The petitioner no longer has any connection to this district and the respondent has not yet filed a return to the show cause order. Based on the foregoing: 1. This action is transferred to the United States District Court for the Central District of California. 2. The petitioner's current custodian, the Superintendent of the United States Penitentiary at Victorville, California is substituted as the respondent. 3. Counsel for the respondent shall notify his counterpart in the Central District of California of this Order and request such official file an appearance on behalf of the respondent. Signed by Judge Jane Magnus-Stinson on 7/20/2018. Copy to Petitioner via US Mail. (DWH) [Transferred from Indiana Southern on 7/20/2018.] [Transferred from cacd on 8/8/2018.]
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| Filing 8 ENTRY - On June 7, 2018, the petitioner filed a notice of upcoming change of address stating that he was being transferred to Atwater, California. But a review of the Federal Bureau of Prisons website reveals that he has been transferred to Victorville Penitentiary. Therefore, the clerk is directed to update the petitioner's address on the docket consistent with the distribution below. Signed by Judge Jane Magnus-Stinson on 7/20/2018. Copy to Petitioner via US Mail. (DWH) [Transferred from Indiana Southern on 7/20/2018.] [Transferred from cacd on 8/8/2018.] |
| Filing 7 NOTICE of UPCOMING Change of Address for JACOBY WALKER. (Attachments: #1 Envelope) (DW) Modified on 6/11/2018 (DW). [Transferred from Indiana Southern on 7/20/2018.] [Transferred from cacd on 8/8/2018.] |
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Filing 6
ORDER granting #5 Motion for Extension of Time to File a Response to the 2241 Motion to 8/10/18 - Copy sent to Petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 6/1/2018. (JRB) [Transferred from Indiana Southern on 7/20/2018.] [Transferred from cacd on 8/8/2018.]
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| Filing 5 First MOTION for Extension of Time to August 11, 2018 in which to #3 Order to Show Cause , filed by Respondent J.E. KRUEGER. (Attachments: #1 Text of Proposed Order)(Wood, James) [Transferred from Indiana Southern on 7/20/2018.] [Transferred from cacd on 8/8/2018.] |
| Filing 4 NOTICE of Appearance by James Robert Wood on behalf of Respondent J.E. KRUEGER. (Wood, James) [Transferred from Indiana Southern on 7/20/2018.] [Transferred from cacd on 8/8/2018.] |
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Filing 3
ORDER TO SHOW CAUSE - The respondent shall have through June 11, 2018, in which to answer the allegations of the habeas petition, and in doing so shall show cause why the relief sought by the petitioner should not be granted. The petitioner shall have twenty eight days after service of the answer in which to reply. The petitioner shall have through May 30, 2018, in which to either pay the $5.00 filing fee or demonstrate his financial inability to do so. Copy to Petitioner via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 4/27/2018.(MAC) [Transferred from Indiana Southern on 7/20/2018.] [Transferred from cacd on 8/8/2018.]
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| Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (HET) [Transferred from Indiana Southern on 7/20/2018.] [Transferred from cacd on 8/8/2018.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by JACOBY WALKER. (No fee paid with this filing) (Attachments: #1 Order from Northern District of Indiana, #2 Sentencing Transcript, #3 Sentencing Transcript, #4 Offense Documents, #5 Envelope)(HET) [Transferred from Indiana Southern on 7/20/2018.] [Transferred from cacd on 8/8/2018.] |
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| Petitioner: Jacoby Walker | |
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| Respondent: J. E. Krueger | |
| Represented By: | Litigation Coordinator |
| Represented By: | Bureau of Prisons Regional Counsel |
| Represented By: | US Attorney's Office- 2241 Unit |
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