Brown v. Phelps

Brown v. Phelps

Plaintiff:	Herbert Brown
Defendant:	S W Phelps
Case Number:	1:2021cv21918
Filed:	May 24, 2021
Court:	US District Court for the Southern District of Florida
Presiding Judge:	K Michael Moore
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2241
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on May 24, 2021. A more recent docket listing may be available from PACER.

Date Filed	Document Text
May 24, 2021	Filing 48 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. (bb)
May 24, 2021	Filing 47 Case transferred in from South Carolina; Case Number 5:20-cv-02148. Electronic file including transfer order and docket sheet received. .(bb).
May 24, 2021	Filing 45 ***DOCUMENT MAILED #44 Order on Report and Recommendation placed in U.S. Mail from Charleston Clerks Office to Herbert Brown, #81899-004, Riverside House, 968 NW 2nd Street, Miami, Florida 33128 (jbry, )
May 20, 2021	Filing 44 ORDER affirming #41 Report and Recommendation, transferring this case to the United States District Court for the Southern District of Florida. Signed by Honorable David C Norton on 5/20/2021.(eric, )
May 17, 2021	Filing 43 OBJECTION to #41 Report and Recommendation by Herbert Brown. Reply to Objections due by 6/1/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(prou, )
April 30, 2021	Filing 42 ***DOCUMENT MAILED: #41 REPORT AND RECOMMENDATION w/NEF, placed in U.S. Mail from Florence Clerk's Office to Herbert Brown, #81899-004, Riverside House, 968 NW 2nd Street, Miami, Florida 33128. (prou, )
April 30, 2021	Filing 41 REPORT AND RECOMMENDATION: The undersigned recommends this case be transferred to the United States District Court for the Southern District of Florida. Objections to R&R due by 5/14/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Kaymani D West on 4/30/2021. (prou, )
February 10, 2021	Filing 37 NOTICE of Change of Address AS OF 3/25/2021 by Herbert Brown from Herbert Brown, #81899-004, Edgefield FCI, PO Box 725, Edgefield, SC 29824 *TO* Herbert Brown, #81899-004, Riverside House, 968 NW 2nd Street, Miami, Florida 33128. (Attachments: #1 Envelope)(prou, )
October 22, 2020	Filing 33 RESPONSE in Opposition re #30 MOTION to Dismiss Petitioner's 28 U.S.C. 2241 Petition Response filed by Herbert Brown.Reply to Response to Motion due by 10/29/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(prou, )
October 7, 2020	Filing 32 ***DOCUMENT MAILED: #31 Roseboro Order w/NEF, placed in U.S. Mail from Florence Clerk's Office to Herbert Brown, #81899-004, Edgefield FCI, PO Box 725, Edgefield, SC 29824. (prou, )
October 7, 2020	Filing 31 ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to #30 MOTION to Dismiss Petitioner's 28 U.S.C. 2241 Petition. Response to Motion due by 11/9/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Kaymani D West on 10/7/2020. (prou, )
October 6, 2020	Filing 30 MOTION to Dismiss Petitioner's 28 U.S.C. 2241 Petition by S W Phelps. Response to Motion due by 10/20/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Certificate of Service)No proposed order.Motions referred to Kaymani D West.(Daley, Robert)
September 23, 2020	Filing 29 ***DOCUMENT MAILED 28 Text Order on Motion to Appoint Counsel placed in U.S. Mail from Florence Clerk's Office to Herbert Brown, #81899-004, Edgefield FCI, PO Box 725, Edgefield, SC 29824. (gnan )
September 23, 2020	Filing 28 TEXT ORDER: On August 28, 2020, Petitioner filed a Motion to Appoint Counsel. ECF No. #23 . Petitioner's request for appointment of counsel is denied. Although the court has discretion to appoint counsel for an indigent in a civil action, 28 U.S.C. 1915(e)(1); Smith v. Blackledge, 451 F.2d 1201 (4th Cir. 1971), such appointment "should be allowed only in exceptional cases." Cook v. Bounds, 518 F.2d 779, 780 (4th Cir. 1975). The existence of exceptional circumstances "will turn on the quality of two basic factors - the type and complexity of the case, and the abilities of the individuals bringing it." Brock v. City of Richmond, 983 F.2d 1055 (4th Cir. 1993) (unpublished table decision) (quoting Whisenant v. Yaum, 739 F.2d 160, 163 (4th Cir. 1984)). The undersigned finds this case is not an exceptional circumstance warranting appointment of counsel. IT IS SO ORDERED. Signed by Magistrate Judge Kaymani D West on 9/23/2020.(prou, )
September 15, 2020	Filing 26 ***DOCUMENT MAILED: 25 Text Order on Motion for Extension of Time to Answer, placed in U.S. Mail from Florence Clerk's Office to Herbert Brown, #81899-004, Federal Prison Camp, PO Box 725, Edgefield, SC 29824. (prou, )
September 15, 2020	Filing 25 TEXT ORDER granting #24 Motion for Extension of Time to Answer re #1 Petition for Writ of Habeas Corpus. The response to the Petition is now due October 16, 2020. Signed by Magistrate Judge Kaymani D West on 9/15/2020.(prou, )
September 14, 2020	Filing 24 MOTION for Extension of Time to File Answer re #1 Petition for Writ of Habeas Corpus by S W Phelps. Response to Motion due by 9/28/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Kaymani D West.(Stoughton, Kathleen)
August 28, 2020	Filing 23 MOTION to Appoint Counsel by Herbert Brown. Response to Motion due by 9/11/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, )
August 17, 2020	Filing 22 Additional Attachments to Main Document #12 Petition for Writ of Habeas Corpus. First attachment description: Supporting Documents. (Attachments: #1 Envelope)(prou, )
August 7, 2020	Filing 21 CERTIFIED MAIL RECEIPT re #16 Order 2241 Federal Habeas, served on Attorney General of the US on 8/3/2020. (prou, )
July 28, 2020	Filing 18 ***DOCUMENT MAILED: #16 Order 2241 Federal Habeas, placed in U.S. Mail via certified mail (article #7014 0150 0000 5030 8251) from Florence Clerk's Office to Attorney General of the US, Dept. Of Justice, Room B-103, 950 Pennsylvania Avenue, Washington, DC 20530-001. (prou, )
July 28, 2020	Filing 17 ***DOCUMENT MAILED: #16 Order 2241 Federal Habeas w/NEF, placed in U.S. Mail from Florence Clerk's Office to Herbert Brown, #81899-004, Federal Prison Camp, PO Box 725, Edgefield, SC 29824. (prou, )
July 28, 2020	Filing 16 ORDER authorizing service of process by clerk. Directing petitioner to notify the clerk in writing of any change of address. Signed by Magistrate Judge Kaymani D West on 7/28/2020. (Attachments: #1 Petition)(prou, )
July 10, 2020	Filing 13 Letter from Herbert Brown. (Attachments: #1 Supporting Document, #2 Envelope)(prou, )
July 10, 2020	Filing 12 AMENDED PETITION for Writ of Habeas Corpus, filed by Herbert Brown. (Attachments: #1 Envelope)(prou, ) Modified on 8/17/2020; see document #22 for additional attachments (prou, ).
June 24, 2020	Filing 10 ***DOCUMENT MAILED #8 Proper Form Order and 2241 form placed in U.S. Mail from Florence Clerk's Office to Herbert Brown #81899-004 Federal Prison Camp PO Box 725 Edgefield, SC 29824 (suro, )
June 24, 2020	Filing 8 PROPER FORM ORDER AND NOTICE: Petitioner may attempt to correct the defects in his petition by filing an amended petition within 14 days of this order. Petitioner is reminded that an amended petition replaces the original petition and should be complete in itself. If Petitioner files an amended petition, the undersigned will conduct screening of the amended pleading pursuant to 28 U.S.C. 1915A. If Petitioner fails to file an amended petition or fails to cure the deficiencies identified above, the court will recommend to the district court that the claims be dismissed. Case to be brought into proper form by 7/8/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Kaymani D West on 6/24/2020. (prou, )
June 5, 2020	Filing 2 TRUE DIVISION FOR TRIAL: Anderson/Greenwood. (dsto, )
June 5, 2020	Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.00 Receipt number SCX400014622), filed by Herbert Brown. (Attachments: #1 Envelope)(dsto, )

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Plaintiff: Herbert Brown
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Defendant: S W Phelps
Represented By:	Noticing 2241/Bivens US Attorney
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