Riggleman v. Warden of USP McCreary
Petitioner: Elisha Riggleman
Respondent: Warden of USP McCreary and Donald Hudson
Case Number: 5:2020cv00152
Filed: April 15, 2020
Court: US District Court for the Middle District of Florida
Presiding Judge: Virginia M Hernandez Covington
Referring Judge: Philip R Lammens
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 3, 2020 Filing 45 RENEWED MOTION for Clerk's Default against Warden of USP McCreary by Elisha Riggleman. (RLK)
May 21, 2020 Filing 44 MOTION for Clerk's Default against Warden of USP McCreary by Elisha Riggleman. (RLK)
April 16, 2020 Opinion or Order Filing 43 STANDING ORDER for all confined, pro se litigants. Signed by Magistrate Judge Philip R. Lammens on 4/16/2020. (Attachments: #1 Attachment)(RLK)
April 15, 2020 Filing 42 Case transferred in from District of Kentucky Eastern; Case Number 6:20-cv-00036. File received electronically
April 14, 2020 Opinion or Order Filing 41 ORDER: it is hereby ORDERED as follows: 1. Petitioner's motion to transfer this action [R. #33] is GRANTED. 2. The Clerk of the Court shall TRANSFER this action to the Ocala Division of the United States District Court for the Middle District of Florida for all further proceedings, including consideration of Rigglemans pending motion for relief related to the exhaustion of his administrative remedies. [R. #35.] 3. This matter is STRICKEN from the active docket of the Court. 4. The Clerk of the Court shall send a copy of this Order by certified mail to the Respondent Warden of USP-McCreary, the Attorney General for the United States, and the United States Attorney for the Eastern District of Kentucky.. Signed by Judge Gregory F. Van Tatenhove on 04/14/2020. (KJA)cc: COR, U.S. Attorney EDKy, U.S. Attorney General, Warden USP McCreary via Certified Mail and Elisha Riggleman by US Mail [Transferred from kyed on 4/15/2020.]
April 14, 2020 Filing 40 RESPONSE to #34 filed by Warden of USP McCreary. (Morgan, Cheryl) [Transferred from kyed on 4/15/2020.]
March 25, 2020 Filing 35 MOTION for Order by Elisha Riggleman, PRO SE. (styled "Motion for this court to Grant a court order for this petitioner's FBOP unit team to supply to him the administrative grievance procedure so that petitioner can exhaust his administrative remedies.")Motions referred to P SO. (Attachments: #1 mailing envelope, front and back, postmarked 3/20/20)(SYD) Modified motion text to further describe on 3/30/2020 (KJA). [Transferred from kyed on 4/15/2020.]
March 25, 2020 Opinion or Order Filing 34 ORDER: ORDERED as follows: 1. The Clerk of the Court shall send a copy of Riggleman's motion [R. #33] and this Order by certified mail to the Respondent Warden of USP-McCreary, the Attorney General for the United States, and the United States Attorney for the Eastern District of Kentucky. 2. Within fourteen (14) days from the date of this Order, Respondent SHALL FILE a notice in the record indicating whether it consents to the transfer of Riggleman's habeas petition to the United States District Court for the Middle District of Florida. Re: #33 MOTION to Change Venue by Elisha Riggleman filed by Elisha Riggleman. Signed by Judge Gregory F. Van Tatenhove on 3/25/20.(RBB)cc: COR and Elisha Riggleman by US Mail; certified mail with copy of DE#33 to the Respondent Warden of USP-McCreary, the Attorney General for the United States, and the United States Attorney for the Eastern District of Kentucky. (Additional attachment(s) added on 3/27/2020: #1 Copy of Certified Mail Envelopes) (MM). [Transferred from kyed on 4/15/2020.]
March 23, 2020 Opinion or Order Filing 39 GENERAL ORDER 20-03 - COURT OPERATIONS RELATED TO COVID-19: 1. General Order does not apply to ongoing trials; 2. Continuation civil & criminal trials per General Order 20-03 extended to civil & criminal trials set to begin 5/1/2020. 3. hearings in criminal cases through 5/1/2020, motion hearings, change of plea, & sentencings CONTINUED GENERALLY, subject to further orders. 4. Initial appearances & detention hearings proceed via remote attendance to extent possible; appearances by summons cont. after 5/1/20. 5. Except TROs, prel. inj., & emergency matters, in-person hrgs in civil cases through 5/1/2020 CONTINUED GENERALLY. Assigned judge may proceed by means not requiring personal appearance. 6. Absent exceptional circumstances, hrgs in emergency matters shall be conducted by means not requiring in-person attendance. 7. If a detention facility informs USM inmate is ill, inmate shall not be brought to Courthouse. 8. Naturalization ceremonies through 5/1/2020 are CONTINUED GENERALLY. 9. Settlement conferences through 5/1/2020 are CONTINUED GENERALLY. 10. Misd. & petty offense dockets through 5/1/2020 CONTINUED GENERALLY. 11. For complaints filed per False Claims Act, which remain under seal, US granted add'l 60 days to intervene or notify Court that it declines. 12. Courts remain open. Eff. 3/24/2020-5/1/2020 Courthouse open Mon-Fri 10 AM-2 PM. 13. Visitor restrictions apply & will be screened. 14. Gen. Order 20-02 remains in effect. 15. Court may issue further directives. Signed by Judge Danny C. Reeves on 03/23/2020.(KJA)cc: COR and Elisha Riggleman by US Mail [Transferred from kyed on 4/15/2020.]
March 19, 2020 ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #33 MOTION to Transfer the Above Case by Elisha Riggleman, pro se. (MM) [Transferred from kyed on 4/15/2020.]
March 19, 2020 Filing 33 MOTION to Transfer the Above Case by Elisha Riggleman, pro se. Motions referred to P SO. (Attachments: #1 Cover Letter Re: Request for recent docket sheet activity, #2 Envelope - Postmarked 3/16/2020) Clerk's Note: Mailed most recent page of docket sheet to filing party.(MM) [Transferred from kyed on 4/15/2020.]
March 13, 2020 ***FILE SUBMITTED TO CHAMBERS of PSO for review: #32 Notice of Change of Address by Elisha Riggleman, pro se. Mr. Riggleman states he is being transferred and not yet at designated prison. (KJA) [Transferred from kyed on 4/15/2020.]
March 12, 2020 Filing 32 NOTICE of Change of Address by Elisha Riggleman, pro se. Mr. Riggleman states he is being transferred and not yet at designated prison. (Attachments: #1 mailing envelope, front and back, postmarked 03/09/2020)(KJA) [Transferred from kyed on 4/15/2020.]
March 11, 2020 Opinion or Order Filing 31 ORDER: 1. The Clerk of the Court shall update the docket to reflect that Petitioner's current mailing address is: Elisha Riggleman, Register No. 07411-088, USP Coleman I, U.S. Penitentiary, P.O. Box 1033, Coleman, FL 33521. 2. Riggleman's "Motion to Hold all Matters in Abeyance and Continued until Petitioner is at his Designated Prison Facility" [R. #29] is DENIED AS MOOT. Signed by Judge Gregory F. VanTatenhove on 03/11/2020. (KJA)cc: COR and Elisha Riggleman by US Mail [Transferred from kyed on 4/15/2020.]
February 28, 2020 Filing 30 CERTIFIED MAIL RECEIPT to Certified Mail to U.S. Attorney General re #26 Order. (KJA) [Transferred from kyed on 4/15/2020.]
February 28, 2020 ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #29 MOTION to Stay Styled Motion to Hold all Matters in Abeyance and Continued until Petitioner is at his Designated Prison Facility by Elisha Riggleman, pro se (KJA) [Transferred from kyed on 4/15/2020.]
February 28, 2020 Filing 29 MOTION to Stay Styled Motion to Hold all Matters in Abeyance and Continued until Petitioner is at his Designated Prison Facility by Elisha Riggleman, pro se. Motions referred to P SO. (Attachments: #1 Cover Letter, #2 Self Addressed Return Envelope, #3 mailing envelope, front and back, postmarked 02/26/2020)(KJA) Modified motion text on 2/28/2020 (KJA). [Transferred from kyed on 4/15/2020.]
February 24, 2020 Filing 28 CERTIFIED MAIL RECEIPT to Certified Mail to U.S. Attorney EDKy re #26 Order. (KJA) [Transferred from kyed on 4/15/2020.]
February 24, 2020 Filing 27 CERTIFIED MAIL RECEIPT to Certified Mail to Warden, USP McCreary re #26 Order. (KJA) [Transferred from kyed on 4/15/2020.]
February 19, 2020 Opinion or Order Filing 26 ORDER: IT IS ORDERED that: 1. The Clerk of the Court SHALL SUBSTITUTE the Warden of USP-McCreary as the Respondent in this proceeding. 2. The Clerk of the Court shall send a copy of Riggleman's petition [R. #1] and this Order by certified mail to the Respondent Warden of USP-McCreary, the Attorney General for the United States, and the United States Attorney for the Eastern District of Kentucky. 3. Respondent shall file a response to the petition within 60 days. The response shall be in the form of a memorandum addressing the factual allegations and legal claims contained in the petition; a formal motion to dismiss or for summary judgment is not necessary or appropriate for these proceedings. Respondent shall also include any documentary evidence relevant to either Petitioner's claims or Respondent's response thereto as attachments. 4. Riggleman may file a reply in further support of his petition within 30 days after the Respondent files his response. The petition will stand submitted for further review and decision at that time. Signed by Judge Gregory F. VanTatenhove on 02/19/2020.(KJA)cc: COR, Warden USP-McCreary, Attorney General, U.S. Attorney EDKy via certified mail and Elisha Riggleman by US Mail (Additional attachment(s) added on 2/19/2020: #1 Copy of Certified Mail Envelopes) (KJA). [Transferred from kyed on 4/15/2020.]
February 11, 2020 Filing 25 IMPORTANT NOTICE to Pro Se Filer: Information relating to pro se filings and F.R.Civ.P. 5.2 requiring personal identifiers be partially redacted from documents filed with the court. #Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers.cc: pro se filer via U.S. Mail (Attachments: #1 Sample Caption Page)(MRS) [Transferred from kyed on 4/15/2020.]
February 11, 2020 Filing 24 CASE TRANSFERRED IN from District of Illinois Northern. Case number 3:19-cv-50333. Original file, certified copy of transfer order and docket sheet received electronically. cc: Pro Se Filer [Transferred from kyed on 4/15/2020.]
February 10, 2020 Filing 23 TRANSFERRED to the Eastern District Of Kentucky the electronic record (pg, ) [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.]
February 10, 2020 Opinion or Order Filing 22 ORDER: The Court transfers this case forthwith to the United States District Court for the Eastern District of Kentucky for preliminary consideration. The Court instructs the Clerk to close this case number and terminate the pending motions on this Court's docket. SEE STATEMENTS Signed by the Honorable Sara L. Ellis on 2/10/2020:mailed notice(pg, ) [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.]
January 17, 2020 Filing 21 NOTICE by Elisha Riggleman of Change of Address (Attachments: #1 Envelope)(jp, ) [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.]
December 12, 2019 Filing 20 Pursuant to the Fourth Amended General Order 19-0007, dated 6/27/2019, this case is assigned to the Honorable Sara L. Ellis and referred generally to the Honorable Lisa A. Jensen. Signed by Executive Committee on 6/27/2019. (jp, ) [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.]
December 12, 2019 Filing 19 INTRA district transfer from the Eastern Division 19 cv 5727. (jp, ) [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.]
December 12, 2019 Filing 18 DIVISIONAL TRANSFER Notice. Case transferred to Western Division - Rockford. Pursuant to transfer order: #17. (mma, ) [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.]
December 12, 2019 Opinion or Order Filing 17 ORDER: The Clerk shall transfer this matter forthwith to a Judge of the United States District Court for the Northern District of Illinois, Western Division, and close this case number. Signed by the Honorable Matthew F. Kennelly on 12/12/2019. Mailed notice. (mma, ) [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.]
December 2, 2019 Filing 16 PRISONER Trust Fund Account Statement. (Case number not on document, Envelope post marked 11/25/19) (nsf, ) [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.]
December 2, 2019 Filing 15 MOTION/petition by Petitioner Elisha Riggleman for court to provide copies of what has been filed on this case. (Envelope post marked 11/25/2019) (nsf, ) [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.]
November 7, 2019 Filing 13 APPLICATION by Petitioner Elisha Riggleman for leave to proceed in forma pauperis. (Exhibits, Envelope post marked 11/4/19, institution stamped 11/4/19) (nsf, ) [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.]
November 1, 2019 Filing 12 MOTION/PETITION by Petitioner Elisha Riggleman for additional time. (Envelope postmark 10/29/19; institution mail room (10/28/19) (nsf, ) [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.]
October 29, 2019 Filing 11 MOTION by Petitioner Elisha Riggleman for attorney representation. (Envelope postmark 10/17/19; institution mail room not postmarked). (smm, ) [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.]
October 29, 2019 Filing 10 APPLICATION and Financial Affidavit by Petitioner Elisha Riggleman for leave to proceed in forma pauperis; (Attachment). (Envelope postmark 10/17/19; institution mail room not postmarked). (smm, ) [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.]
October 28, 2019 Filing 9 LETTER from Elisha Riggleman dated 09/23/2019. (Envelope post marked 10/17/2019) (nsf, ) [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.]
October 15, 2019 Filing 8 LETTER from Elisha Riggleman dated 9/17/2019.(Envelope post marked 10/9/2019) (nsf, ) (Document doesn't contain a case number) Modified on 10/17/2019 (nsf, ). [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.]
October 11, 2019 MAILED a blank in forma pauperis form to Petitioner. Also, mailed the Petitioner instruction on how to order copies of documents. (kp, ) [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.]
October 10, 2019 Opinion or Order Filing 7 ORDER: Petitioner is given until 11/8/2019 to pay the $5 filing fee or file a petition to proceed in forma pauperis. The Court may dismiss this case if Petitioner does not comply with this order. Petitioner's motion for attorney representation #6 is denied without prejudice. The Clerk is directed to (1) update the docket to show that Respondent is Donald Hudson, Warden, AUSP Thomson and (2) send Petitioner a blank in forma pauperis form. Petitioner has submitted a letter requesting copies all documents on the docket. The Clerk shall provide Petitioner instruction on how to order copies of documents. Petitioner is responsible for paying for any copies he orders. Signed by the Honorable Matthew F. Kennelly on 10/10/2019. Mailed notice. (kp, ) [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.]
September 13, 2019 Filing 4 NOTICE of Correction regarding mailed general order 17-0003 with letter regarding request for documents from the Clerk of Court. (nsf, ) [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.]
September 9, 2019 Filing 6 MOTION by Petitioner Elisha Riggleman for attorney representation. (Envelope post marked 9/4/19) (Received for docketing on 9/13/2019) (nsf, ) [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.]
September 9, 2019 Filing 5 LETTER from 9/2/2019 dated Elisha Riggleman. (Envelope post marked 9/4/19) (Received for docketing on 9/13/2019) (nsf, ) [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.]
August 26, 2019 Filing 3 LETTER from Elisha Riggleman dated 8/16/2019. (nsf, ) [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.] Modified on 4/15/2020 (LAB).
August 26, 2019 Filing 2 PRISONER CIVIL Cover Sheet. (nsf, ) [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.]
August 26, 2019 Filing 1 PETITION for writ of habeas corpus filed by Elisha Riggleman against D. Hudson. (Envelope post marked 8/20/2019) (nsf, ) [Transferred from ilnd on 2/11/2020.] [Transferred from kyed on 4/15/2020.]

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Respondent: Warden of USP McCreary
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Respondent: Donald Hudson
Represented By: AUSA - Rockford
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Petitioner: Elisha Riggleman
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