MCNEIL v. SAWYER et al
| HERBERT MCNEIL |
| FEDERAL BUREAU OF PRISONS, UNITED STATES OF AMERICA and KATHLEEN H SAWYER |
| 3:2019cv04778 |
| November 13, 2019 |
| US District Court for the Northern District of Florida |
| HOPE T CANNON |
| M CASEY RODGERS |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Document Text |
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| Filing 25 REPORT AND RECOMMENDATION. Recommended that the petition under 28 U.S.C. 2241, ECF Doc. #1 , be DENIED WITH PREJUDICE without an evidentiary hearing. That a certificate of appealability be denied. That the clerk be directed to close the file. R&R flag set. Signed by MAGISTRATE JUDGE HOPE T CANNON on 1/2/2020. Internal deadline for referral to district judge if objections are not filed earlier: 1/30/2020. (sdw) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #24 Supplemental Reply. (alb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #23 Reply (titled: Rebuttal to Respondents Response.) re 9 Response to Habeas Petition, by HERBERT MCNEIL. (alb) |
| Filing 22 Habeas Filing fee: $ 5.00, receipt number FLN3-13497. Fee status updated to paid. (MB) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: 22 Habeas Filing Fee Received. (MB) |
Filing 21
ORDER GRANTING IN FORMA PAUPERIS STATUS BUT REQUIRING PAYMENT OF $5 FILING FEE. McNeil's #16 Motion for Leave to Proceed in forma pauperis is GRANTED. However, McNeil shall pay the $5.00 filing fee within 14 days of the date of this order. Signed by MAGISTRATE JUDGE HOPE T CANNON on 12/27/2019. (Habeas Filing Fee due by 1/10/2020.) (djb)
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| Filing 24 Supplemental Reply (titled: Memorandum), re 2 Notice to Pro Se, by HERBERT MCNEIL. (alb) |
| Filing 23 REPLY (titled: Rebuttal to Respondents Response.) re #9 Response to Habeas Petition, by HERBERT MCNEIL. (alb) |
| Filing 20 REPLY (Titled: Rebuttal to Respondents Answer to My Writ of Habeas Corpus) by HERBERT MCNEIL re #9 Response to Habeas Petition. (sdw) |
| Filing 19 Mail Returned as Undeliverable as to HERBERT MCNEIL Re: #5 Emergency AFFIDAVIT and #6 ORDER. (return to sender, unable to forward)(returned by Sheriff SRCJ) (sdw) |
| Filing 18 Mail Returned as Undeliverable as to HERBERT MCNEIL Re: #1 PETITION for Writ of Habeas Corpus and #3 ORDER TO SHOW CAUSE. (return to sender, unable to forward)(returned from Sheriff SRCJ) (sdw) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #20 REPLY (Titled: Rebuttal to Respondents Answer to My Writ of Habeas Corpus). (sdw) |
| Filing 17 NOTICE of Change of Address by HERBERT MCNEIL to: USP Pollack, US Penitentiary PO Box 2099, Pollack LA 71467-2099. (sdw) |
| Filing 16 MOTION for Leave to Proceed in forma pauperis by HERBERT MCNEIL. (sdw) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #16 MOTION for Leave to Proceed in forma pauperis. Referred to HOPE T CANNON. (sdw) |
| Filing 15 Habeas Filing fee: $5.00, receipt number FLN3-13462. Fee status updated to paid. (sdw) |
| Filing 14 NOTICE of Change of Address by HERBERT MCNEIL to: US Penitentiary, PO Box 2099, Pollack LA 71467-4050. (sdw) |
| Filing 13 CERTIFICATE OF SERVICE by FEDERAL BUREAU OF PRISONS, KATHLEEN H SAWYER, UNITED STATES OF AMERICA re #12 Order,,,, Set Deadlines/Hearings,,, Notice of Compliance (REGISTER, LENNARD) |
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Filing 12
ORDER. Sawyer is directed to re-serve a copy of the response at ECF Doc. #9 & the notice of appearance at ECF Doc. #8 to McNeil at his current location within three (3) days of this order. McNeil is ordered to file a reply to the November 27 response of FBOP (ECF Doc. #9 ) within thirty-five (35) days of the date of this order. The clerk is directed to send McNeil a copy of the Court's form for proceeding in forma pauperis. McNeil is ordered to pay the filing fee of $5.00 or file a motion to proceed in forma pauperis within twenty-one (21) days of the date of this order. (Fee/IFP motion due by 12/26/2019. Reply due by 1/8/2020.) Signed by MAGISTRATE JUDGE HOPE T CANNON on 12/4/2019. (form to Pet) (sdw)
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| Filing 11 DOCKET ANNOTATION BY COURT: According to FBOP website, Pet is located at USP Pollack, PO Box 2099, Pollock LA 71467. (ECF #3 and #6 resent, along with Change of Address form) (sdw) |
| Filing 10 Mail Returned as Undeliverable as to HERBERT MCNEIL Re: #6 ORDER. (doc previously resent to release address) (sdw) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #9 Response to Habeas Petition. (sdw) |
| Filing 9 RESPONSE to #1 Petition for Writ of Habeas Corpus by FEDERAL BUREAU OF PRISONS, KATHLEEN H SAWYER, UNITED STATES OF AMERICA. (Attachments: #1 Affidavit Exhibit A, #2 Exhibit Attachments 1-2, #3 Exhibit Attachments 3-4, #4 Exhibit Attachments 4-5, #5 Exhibit Attachments 7-8) (REGISTER, LENNARD) |
| Filing 8 NOTICE of Appearance by LENNARD B REGISTER, III on behalf of FEDERAL BUREAU OF PRISONS, KATHLEEN H SAWYER, UNITED STATES OF AMERICA (REGISTER, LENNARD) |
| Filing 7 Mail Returned as Undeliverable as to HERBERT MCNEIL Re: 2 Notice to Pro Se. (Pla released)(doc 2 , #3 , and #6 resent to release address of 1116 N. Q ST PENSACOLA FL 32505) (sdw) (sdw) |
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Filing 6
ORDER re #5 Emergency Affidavit. The clerk is directed to send a copy of this to Respondent Sawyer and the United States Attorney and also to send a courtesy copy to the Sheriff of the Santa Rosa County Jail. Show Cause Response due by 11/27/2019. Signed by MAGISTRATE JUDGE HOPE T CANNON on 11/20/2019. (copy to Resp, SRCJ, and placed in USAO mailbox) (sdw)
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| Filing 5 Emergency AFFIDAVIT re #1 Petition for Writ of Habeas Corpus by HERBERT MCNEIL. (sdw) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #5 Emergency Affidavit. (sdw) |
| Filing 4 DOCKET ANNOTATION BY COURT: Re #3 Order to Show Cause. (copy of order and petition placed in USAO mailbox) (sdw) |
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Filing 3
ORDER TO SHOW CAUSE. The clerk is directed to send a copy of the petition and this order to Kathleen Hawk Sawyer, Director of the Federal Bureau of Prisons, and to the United States Attorney for the Northern District of Florida. Director Sawyer shall show cause within seven (7) days of the date of this order why McNeil's petition should not be granted, the disciplinary conviction on DR # 3316997 vacated, and the Bureau of Prisons ordered to restore his 191 days of lost gain-time. The clerk is also directed to send a courtesy copy of the petition to the Sheriff of the Santa Rosa County Jail. Show Cause Response due by 11/25/2019. Signed by MAGISTRATE JUDGE HOPE T CANNON on 11/18/2019. (petition w/ order to SRC Jail and Kathleen Hawk Sawyer) (sdw)
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| Filing 2 Notice to Pro Se litigant HERBERT MCNEIL. (sdw) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #1 Petition for Writ of Habeas Corpus. (sdw) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by HERBERT MCNEIL. (no service copies)(no filing fee/IFP motion) (sdw) |
| JUDGE M CASEY RODGERS added. SENIOR JUDGE LACEY A COLLIER no longer assigned to case. (related to criminal case 3:13cr92-MCR) (sdw) |
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