MALCOLM v. BARR et al
| PHILLIP MALCOLM |
| ATTORNEY GENERAL, WILLIAM BARR and JOHN KELLY |
| 4:2020cv00440 |
| September 8, 2020 |
| US District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| ALLEN C WINSOR |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on October 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 10 CLERK'S JUDGMENT pursuant to #9 Order Adopting Report and Recommendation. (blb) |
Filing 9
ORDER OF DISMISSAL. I have considered the magistrate judge's September 21, 2020, Report and Recommendation. ECF No. #6 . No objections have been filed. This case originated with a "Petition for a Motion to Hear and Rule" that related to Petitioner's request for 2241 relief. Petitioner has another case seeking relief, and that case is ongoing. See Case No. 4:19-cv-392. I therefore agree with the magistrate judge that this caseto the extent it was even intended to be a separate caseshould be dismissed without prejudice. The other case will continue. The clerk will enter a judgment that says, "This case is dismissed without prejudice." The clerk will then close the file. Signed by JUDGE ALLEN C WINSOR on 10/21/20. (blb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ALLEN C WINSOR notified that action is needed Re: #6 REPORT AND RECOMMENDATION. Objections to R&R Deadline expired. (blb) |
| Filing 8 Mail Returned as Undeliverable. Mail sent to Phillip Malcolm and returned: #5 ORDER and REPORT AND RECOMMENDATION and #6 ORDER and REPORT AND RECOMMENDATION. (cle) |
| Filing 7 Mail Returned as Undeliverable Re: 4 Notice to Pro Se (blb) *Released* (blb) |
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Filing 6
ORDER and REPORT AND RECOMMENDATION. It is RECOMMENDED that the petition for writ of habeas corpus, ECF No. #1 , filed pursuant to 28 U.S.C. 2241, be DISMISSED without prejudice. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 9/21/20. R&R flag set. Internal deadline for referral to district judge if objections are not filed earlier: 10/19/2020. (blb)
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Filing 5
ORDER and REPORT AND RECOMMENDATION. Petitioner's motion for in forma pauperis status, ECF No. #2 , is GRANTED. Petitioner is not required to pay the filing fee for this case. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 9/21/20. Fee status updated to in forma pauperis. (blb)
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| Filing 4 Notice to Pro Se (blb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #2 MOTION for Leave to Proceed in forma pauperis, #3 MOTION. Referred to MARTIN A FITZPATRICK. (kjw) |
| Filing 3 MOTION For Custody Redetermination Hearing Based Upon Changed Circumstances filed by PHILLIP MALCOLM. (kjw) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by PHILLIP MALCOLM. (kjw) |
| Filing 1 PETITION for Writ of Habeas Corpus (titled "Petition for a Motion to Hear and Rule") filed by PHILLIP MALCOLM. (kjw) Modified on 9/11/2020 - no service copies provided. (kjw) |
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