Dugger (PS) v. Warden, FCI Englewood
| Kyle Thomas Dugger |
| Warden, FCI Englewood |
| 1:2026cv00243 |
| January 20, 2026 |
| U.S. District Court for the District of Colorado |
| Lewis T Babcock |
| Richard T Gurley |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 fd - Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on July 14, 2026. A more recent docket listing may be available from PACER.
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| Filing 24 Mail Returned as Undeliverable re: #17 Order Reassigning Case, #18 Order Referring Case to Magistrate Judge, #19 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #4 Amended Application for Writ of Habeas Corpus filed by Kyle Thomas Dugger, #13 MOTION to Dismiss HABEAS CORPUS ACTION AS MOOT filed by Warden, FCI Englewood Addressed to Kyle Thomas Dugger. (Attachments: #1 Envelope, #2 Envelope) (echa, ) |
| Filing 23 JUDGMENT by Clerk re: #22 Order on 7/14/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (echa, ) |
Filing 22
ORDER. It is ORDERED that the Recommendation of United States Magistrate Judge (ECF No. #19 ) is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Respondent's Motion to Dismiss Habeas Corpus Action as Moot (ECF No. #13 ) is GRANTED. The Amended Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 (ECF No. #4 ) is DENIED and the action is DISMISSED WITHOUT PREJUDICE for the reasons stated in the Recommendation. It is FURTHER ORDERED that no certificate of appealability will issue because Petitioner has not made a substantial showing of the denial of a constitutional right. It is FURTHER ORDERED that the Motion to Withdraw (ECF No. #21 ) is GRANTED. Assistant United States Attorney Alexandra Berger is hereby withdrawn as counsel for Respondent. Entered by Judge Lewis T. Babcock on 7/14/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record.(echa, )
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| Filing 21 MOTION to Withdraw as Attorney by Respondent Warden, FCI Englewood. (Berger, Alexandra) |
| Filing 20 NOTICE of Entry of Appearance by Timothy Bart Jafek on behalf of Warden, FCI EnglewoodAttorney Timothy Bart Jafek added to party Warden, FCI Englewood(pty:res) (Jafek, Timothy) |
| Filing 19 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Richard T. Gurley on 6/23/2026. It is respectfully RECOMMENDED that Respondent's Motion to Dismiss Habeas Corpus Action as Moot (ECF No. #13 ) be GRANTED and the Amended Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 (ECF No. #4 ), filed pro se by Petitioner, be DENIED as moot and this action DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (echa, ) |
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Filing 18
ORDER OF REFERENCE to the United States Magistrate Judge, by Judge Lewis T. Babcock on 6/23/2026. Pursuant to 28 U.S.C. 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1, United States Magistrate Judge Richard T. Gurley is designated to conduct proceedings in this civil action. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (echa, )
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Filing 17
MINUTE ORDER by Magistrate Judge Richard T. Gurley on 6/22/2026. Pursuant to D.C.COLO.LCivR 8.1, the Clerk of Court is directed to assign this matter to Senior Judge Lewis T. Babcock. The undersigned will remain as the assigned magistrate judge. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (echa, )
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| Filing 16 Mail Returned as Undeliverable re: #14 Order to Show Cause,, Addressed to Kyle Thomas Dugger. (echa, ) |
| Filing 15 Mail Returned as Undeliverable re: #11 Affidavit/Return of Service Addressed to Kyle Thomas Dugger. (anewt,) |
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Filing 14
ORDER TO SHOW CAUSE. ORDERED that Petitioner show cause, in writing, within twenty-one (21) days from the date of this order, why the 2241 Amended Application should not be denied as moot and this action dismissed without prejudice for lack of jurisdiction. ORDERED that if Petitioner fails to show cause within the time allowed, this action will be dismissed without further notice. By Magistrate Judge Richard T. Gurley on 5/22/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (anewt,)
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| Filing 13 MOTION to Dismiss HABEAS CORPUS ACTION AS MOOT by Respondent Warden, FCI Englewood. (Attachments: #1 Exhibit Exhibit A - Declaration of Cassandra Grow)(Berger, Alexandra) |
| Filing 12 RESPONSE to #7 Order,,, PRELIMINARY RESPONSE ADDRESSING EXHAUSTION OF ADMINISTRATIVE REMEDIES by Respondent Warden, FCI Englewood. (Berger, Alexandra) |
| Filing 11 CERTIFIED MAIL RETURN of Service as to United States Attorney General. (echa, ) |
| Filing 10 NOTICE of Entry of Appearance by Alexandra J. Berger on behalf of Warden, FCI EnglewoodAttorney Alexandra J. Berger added to party Warden, FCI Englewood(pty:res) (Berger, Alexandra) |
| Filing 9 ACKNOWLEDGMENT of Service from the United States Attorney's Office for the District of Colorado re: #7 ORDER, #8 CERTIFICATE of Service (anewt,) |
| Filing 8 CERTIFICATE of Service by Clerk of Court re: #4 Amended Application for Writ of Habeas Corpus, #7 Order to File Preliminary Response (Attachments: #1 Certified Mail Receipt) (anewt,) |
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Filing 7
ORDER TO FILE PRELIMINARY RESPONSE. ORDERED that within twenty-one (21) days from the date of this order Respondent shall file a Preliminary Response that complies with this order. Within twenty-one (21) days of the filing of the Preliminary Response Petitioner may file a Reply. If Respondent does not intend to raise the affirmative defense of exhaustion of administrative remedies, Respondent must notify the Court of that decision in the Preliminary Response. The Clerk of Court serve Respondent with a copy of this order and a copy of the Amended Application for a Writ of Habeas Corpus Under 28 U.S.C. 2241 (ECF No. #4 ). By Magistrate Judge Richard T. Gurley on 4/6/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (anewt,)
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| Filing 6 Filing Fee RECEIVED: $ 5.00, receipt number 117389. (echa, ) |
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Filing 5
MINUTE ORDER by Magistrate Judge Richard T. Gurley on 02/25/2026. In response to the Court's January 21, 2026 Order Directing Petitioner to Cure Deficiencies (ECF No. #3 ), Petitioner filed a compliant Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 (ECF No. #4 ). However, Petitioner has not cured all of the pleading deficiencies as ordered. Accordingly, Petitioner will be given one more opportunity to cure the pleading deficiencies as ordered by the Court. Petitioner must either pay the $5.00 filing fee or file a fully completed Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 in a Habeas Corpus Action on the court approved form within 30 days of the date of this Minute Order. The Clerk of the Court shall mail this form to Petitioner along with the applicable instructions. Additional copies are available at www.cod.uscourts.gov. Petitioner is reminded that if he fails to cure all designated deficiencies within the time allowed, the action will be dismissed without further notice. The dismissal shall be without prejudice. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (Copies of forms mailed as ordered.) (pklin, )
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| Filing 4 AMENDED APPLICATION for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241, filed by Kyle Thomas Dugger.(agarc, ) |
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Filing 3
Order Directing Petitioner To Cure Deficiencies by Magistrate Judge Richard T. Gurley on 01/26/2026. Ordered that Petitioner shall cure the designated deficiencies within thirty (30) days from the date of this order. If Petitioner fails to cure the designated deficiencies within thirty (30) days from the date of this Order, the action will be dismissed without further notice. The dismissal shall be without prejudice. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (pklin, )
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| Filing 2 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (b). Text Only Entry. (echa, ) |
| Filing 1 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Second Change Act Prerelease-Custody Placement), filed by Kyle Thomas Dugger.(echa, ) |
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| Petitioner: Kyle Thomas Dugger | |
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| Respondent: Warden, FCI Englewood | |
| Represented By: | Timothy Bart Jafek |
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