(HC) Winston v. Warden of U.S.P. Atwater
| LeAnthony T. Winston |
| Warden of U.S.P. Atwater |
| 1:2022cv01462 |
| November 14, 2022 |
| US District Court for the Eastern District of California |
| Ana de Alba |
| Helena M Barch-Kuchta |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus |
| None |
Docket Report
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This docket was last retrieved on February 14, 2023. A more recent docket listing may be available from PACER.
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Filing 11
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Standing Order issued re Petition filed on *9/26/2022* *(Doc. No. #1 ).* Consent or Decline due within thirty (30) days. (Attachments: #1 Standing Order, #2 Consent Form) (Rivera, O)
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Filing 10
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to LeAnthony T. Winston, signed by Magistrate Judge Helena M. Barch-Kuchta on 11/14/2022. (Rivera, O)
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Filing 9
CASE TRANSFERRED IN from District of California Central; Case Number 5:22-cv-01844.
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SERVICE BY MAIL: #10 Order Authorizing IFP Status, #11 Prisoner New Case Documents for Magistrate Judge as Presider served on LeAnthony T. Winston. (Rivera, O)
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Filing 8
ORDER TRANSFERRING ACTION TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA by Judge David O. Carter, IT IS ORDERED THAT: 1. This action shall be transferred to the United States District Court for the Eastern District of California. 2. The Clerk shall serve a copy of this Order upon Petitioner and the United States Attorney's Offices for the Central and Eastern Districts of California. Original file transferred electronically. (MD JS-6. Case Terminated.) (es) [Transferred from cacd on 11/14/2022.]
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Filing 7
ORDER from Ninth Circuit Court of Appeals filed. CCA # 22-70222. The (9th CCA) Clerk will transfer petitioner's submission at Docket Entry No. 3 to the district court for whatever consideration that court deems appropriate. The (9th CCA) Clerk will also serve this order on the district court. Case number 22-70222 remains closed. (mat) [Transferred from cacd on 11/14/2022.]
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Filing 6
Notice of Appearance or Withdrawal of Counsel: for attorney Declan T. Conroy counsel for Respondent United States of America. Adding Declan T. Conroy as counsel of record for USA for the reason indicated in the G-123 Notice. Filed by Respondent USA. (Attachments: #1 Proof of Service)(Attorney Declan T. Conroy added to party United States of America(pty:res))(Conroy, Declan) [Transferred from cacd on 11/14/2022.]
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Filing 4
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge David O. Carter and referred to Magistrate Judge John E. McDermott, 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. (ghap) [Transferred from cacd on 11/14/2022.]
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Filing 3
ORDER from Ninth Circuit Court of Appeals filed CCA # 22-70222. This court make no determination as to whether the petition meets the escape hatch. This court must transfer the application to the appropriate district court. See Fed. R. App. P. 22(a); 28 U.S.C. 1631, 2241(b). Because Winston labeled the petition as brought under 2241, and is currently housed at USP Victorville, the Clerk will transfer the petition filed at Docket Entry No. 1 to the United States District Court for the Central District of California. The petition is deemed filed on September 26, 2022, the date on which it was signed. See Butler v. Long, 752 F. 3d 1177, 1178 n. 1 (9th Cir. 2014) (assuming petitioner turned his petition over to prison authorities on the day it was signed and applying the mailbox rule). The Clerk will also serve this order on the district court. Upon transfer of the petition, the Clerk will close this original action. PETITION TRANSFERRED to the district court. (ghap) [Transferred from cacd on 11/14/2022.]
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Filing 2
Notice Re: Discrepancies in Filing of Habeas Corpus Petition (CV-111). Upon submission of your petition for writ of habeas corpus, it was noted that you did not pay the appropriate filing fee. If you are unable to pay the entire filing fee at this time, you must sign and complete the Request to Proceed Without Prepayment of Filing Fees with Declaration in Support form (CV-60P) attached. You may return your fee waiver and/or payment to any of the Courthouses listed on this notice. If you do not respond within THIRTY DAYS from the date below, your action may be dismissed. Re: Petition for Writ of Habeas Corpus (2241), #1 . (ghap) [Transferred from cacd on 11/14/2022.]
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Filing 1
PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge David O. Carter and referred to Magistrate Judge John E. McDermott.(Filing fee $ 5: FEE DUE), filed by petitioner LeAnthony T. Winston. (ghap) [Transferred from cacd on 11/14/2022.]
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| Petitioner: LeAnthony T. Winston | |
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| Respondent: Warden of U.S.P. Atwater | |
| Represented By: | US Attorney's Office- 2241 Unit |
| Represented By: | Bureau of Prisons Regional Counsel |
| Represented By: | Litigation Coordinator |
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