(HC) Posey, III v. United States of America
Petitioner: Daniel Posey, III
Respondent: United States of America
Case Number: 2:2024cv03019
Filed: November 1, 2024
Court: US District Court for the Eastern District of California
Presiding Judge: Jeremy D Peterson
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 23, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 23, 2024 MAIL RETURNED as Undeliverable, Return to Sender; Not Deliverable as addressed: #20 Order sent to Daniel Posey, III. Notice of Change of Address due by 3/3/2025. (Mendez Licea, O)
November 27, 2024 Opinion or Order Filing 20 ORDER signed by Magistrate Judge Jeremy D. Peterson on 11/27/2024 ORDERING that Petitioner shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee. (Huang, H)
November 27, 2024 SERVICE BY MAIL: #20 Order and IFP Application served on Daniel Posey III. (Huang, H)
November 1, 2024 Filing 19 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 12/5/2024. (Attachments: #1 Consent Form) (Marrujo, C)
November 1, 2024 Filing 18 CASE TRANSFERRED IN from District of California Central; Case Number 5:24-cv-02290.
November 1, 2024 Opinion or Order Filing 17 ORDER TRANSFERRING ACTION TO THE EASTERN DISTRICT OF CALIFORNIA by Magistrate Judge A. Joel Richlin transferring case to Eastern District of California. Case transferred electronically. (MD JS-6. Case Terminated.) (et) [Transferred from cacd on 11/1/2024.]
November 1, 2024 SERVICE BY MAIL: #19 Prisoner New Case Documents for Magistrate Judge as Presider served on Daniel Posey III. (Marrujo, C)
October 28, 2024 Filing 16 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge John A. Kronstadt and referred to Magistrate Judge A. Joel Richlin, 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) [Transferred from cacd on 11/1/2024.]
October 28, 2024 Filing 15 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: MISCELLANEOUS - event converted from ICMS #2 . (et) [Transferred from cacd on 11/1/2024.]
October 28, 2024 Filing 14 ORIGINAL file, certified copy of transfer order and docket sheet received from Alabama Northern [Transferred from cacd on 11/1/2024.]
October 11, 2024 Opinion or Order Filing 13 ORDER transferring case to the District of Central California; original electronic record and certified copy of docket entries electronically transferred to Clerk of Court. Signed by Judge Anna M Manasco on 10/11/2024. (KAM) [Transferred from Alabama Northern on 10/28/2024.] [Transferred from cacd on 11/1/2024.]
October 3, 2024 Filing 12 OBJECTION to #10 Report and Recommendations by Daniel Posey, III. (AKD) [Transferred from Alabama Northern on 10/28/2024.] [Transferred from cacd on 11/1/2024.]
September 16, 2024 Filing 11 RESPONSE TO ORDER TO SHOW CAUSE #3 filed by Daniel Posey, III. (KNS) [Transferred from Alabama Northern on 10/28/2024.] [Transferred from cacd on 11/1/2024.]
September 11, 2024 Filing 10 MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION re #2 Petition for Writ of Habeas Corpus filed by Daniel Posey, III; For the foregoing reasons set out herein, the undersigned RECOMMENDS the court TRANSFER this action to the United States District Court for the Eastern District of California. Objections to R&R due by 9/25/2024. Signed by Magistrate Judge John H England, III on 09/11/2024. (AKD) [Transferred from Alabama Northern on 10/28/2024.] [Transferred from cacd on 11/1/2024.]
September 11, 2024 Opinion or Order Filing 9 ORDER-On September 10, 2024, Mr. Posey notified this court that he had been transferred to FCI-Herlong in Herlong, California. #8 . Because FCI-Herlong is in Lassen County and within the jurisdiction of the United States District Court for the Eastern District of California, the undersigned WITHDRAWS his report entered September 6, 2024, recommending that this action be transferred to the Central District of California. Signed by Magistrate Judge John H England, III on 09/11/2024. (AKD) [Transferred from Alabama Northern on 10/28/2024.] [Transferred from cacd on 11/1/2024.]
September 10, 2024 Filing 8 NOTICE of Change of Address by Daniel Posey, III (AKD) [Transferred from Alabama Northern on 10/28/2024.] [Transferred from cacd on 11/1/2024.]
September 6, 2024 Filing 7 ***WITHDRAWN**MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION re #2 Petition for Writ of Habeas Corpus filed by Daniel Posey, III; For reasons set out herein, the undersigned RECOMMENDS the court TRANSFER this action to the United States District Court for the Central District of California. Objections to R&R due by 9/20/2024. Signed by Magistrate Judge John H England, III on 09/06/2024. (AKD) Modified on 9/11/2024 pursuant to Order #9 (AKD). [Transferred from Alabama Northern on 10/28/2024.] [Transferred from cacd on 11/1/2024.]
August 16, 2024 Filing 6 NOTICE of pro se filing by Daniel Posey, III (CLD) [Transferred from Alabama Northern on 10/28/2024.] [Transferred from cacd on 11/1/2024.]
August 13, 2024 Opinion or Order Filing 5 ORDER- The Clerk of Court is DIRECTED to REVISE the docket to reflect Mr. Posey's correct address and DIRECTED to resend the Order to Show Cause #3 . Mr. Posey is ORDERED to respond to the Order to Show Cause within 14 days from the entry date of this order. Signed by Magistrate Judge John H England, III on 08/13/2024. (AKD) [Transferred from Alabama Northern on 10/28/2024.] [Transferred from cacd on 11/1/2024.]
August 12, 2024 Filing 4 Mail Returned as Undeliverable (RTS-Vacant; Unable to Forward). Order (doc.3) sent to Daniel Posey (AKD) [Transferred from Alabama Northern on 10/28/2024.] [Transferred from cacd on 11/1/2024.]
August 2, 2024 Opinion or Order Filing 3 ORDER TO SHOW CAUSE-Mr. Posey is ORDERED to SHOW CAUSE within 14 days why this action should not be transferred to the U.S. District Court for the Central District of California. Signed by Magistrate Judge John H England, III on 08/02/2024. (AKD) [Transferred from Alabama Northern on 10/28/2024.] [Transferred from cacd on 11/1/2024.]
July 31, 2024 Filing 2 PETITION for Writ of Habeas Corpus, filed by Daniel Posey, III.(KAM) [Transferred from Alabama Northern on 10/28/2024.] [Transferred from cacd on 11/1/2024.]
July 31, 2024 Opinion or Order Filing 1 ORDER in 2:20-cr-235-ACA that the court construes Defendant Daniel Posey's letter 75 as a motion for writ of habeas corpus under 28 U.S.C. 2241. The court DIRECTS the Clerk of Court to follow the usual procedures for docketing a 2241 petition. Signed by Judge Annemarie Carney Axon on 7/31/2024. (KAM) [Transferred from Alabama Northern on 10/28/2024.] [Transferred from cacd on 11/1/2024.]

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Respondent: United States of America
Represented By: Assistant 2241-194 US Attorney LA-CV
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Petitioner: Daniel Posey, III
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