Gear v. Derr
| Melvyn Gear |
| Estela Derr |
| 1:2023cv00075 |
| February 8, 2023 |
| U.S. District Court for the District of Hawaii |
| WES REBER PORTER |
| DERRICK K WATSON |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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| Filing 12 EO: On February 8, 2023, Petitioner Melvyn Gear filed a 28 U.S.C. Section 2241 habeas petition, seeking an order directing the Federal Bureau of Prisons (BOP) to release or transfer him to the custody of United States Immigration and Customs Enforcement (ICE), presumably because of an immigration detainer. Following briefing, including a response brief filed by the Government (Dkt. No. 9) and Petitioner's March 22, 2023 reply (Dkt. No. 11), Petitioner acknowledges that his date of release to ICE custody without the relief requested in his Petition, Dkt. No. #1 , was March 31, 2023, a date that has now passed. See, e.g., Dkt. No. #6 ("Petitioner's projected release date, via Good Conduct Time, is March 31, 2023."). Petitioner's request for a writ of habeas corpus is therefore DENIED as moot. The Clerk is instructed to close this case. IT IS SO ORDERED. (CHIEF JUDGE DERRICK K. WATSON)(tyk)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
| Filing 11 Petitioner's Optional REPLY to #9 Respondent's Response [ECF No. 9] to Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. Section 2241 [ECF No. 1]; Exhibits "A-1" to "A-7"; Certificate of Service - filed by Melvyn Gear. (Attachments: #1 Exhibit "A-1" to "A-7", #2 Mailing Documentation)(eta) |
| Filing 10 Petitioner's Optional REPLY to #9 Respondent's Response [ECF No. 9] to Petition for Writ of Habeas Corpus [ECF No. 1]; Exhibits "A"-"1" to "A-7"; Certificate of Service - filed by Melvyn Gear. The referenced exhibits were not included with the pleading. (eta) |
| Filing 9 RESPONSE re #1 Petition for Writ of Habeas Corpus RESPONDENT ESTELA DERR, WARDENS RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. 2241 [ECF NO. 1]; COS filed by Estela Derr. (Attachments: #1 Declaration of Robert Miller, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Yee, Harry) |
| Filing 8 SURREPLY to Correct the Record; Certificate of Service re 7 - filed by Melvyn Gear. (Attachments: #1 Mailing Documentation)(eta) |
| Filing 7 EO: Before the Court is Petitioner's "Response in Opposition to Respondent Estela Derr's Motion for Extension of Time [ECF No. 4] to Respond to Petition Under 28 U.S.C. Section 2241 for a Writ of Habeas Corpus [ECF No. 1]" [ECF No. 6]. Petitioner's filing is DENIED as moot because the Court granted Respondent's modest extension request on March 3, 2023 [ECF No. 5]. Respondent explained in her Motion for Extension of Time [ECF No. 4] that it appears as though "Petitioner is correct that he... is... eligible to apply earned FSA credits towards early release from BOP custody." Respondent further explained that she expects the BOP's auto-calculation software will "correctly compute Petitioner's earned credits and will render him eligible for immediate release to ICE custody" in March 2023. By Petitioner's own calculation, after any earned time credits are applied, his release date should be March 31, 2023. Thus, as everything currently stands, Petitioner will suffer no prejudice by allowing the BOP's calculation software to run in its normal course. The current briefing schedule therefore remains in place. Respondent must file her Answer to the Petition on or before March 17, 2023. Petitioner may file his optional Reply on or before March 31, 2023. IT IS SO ORDERED. (CHIEF JUDGE DERRICK K. WATSON)(tyk)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
| Filing 6 Petitioner's RESPONSE in Opposition to #4 Respondent Estela Derr's MOTION for Extension of Time [ECF No. 4] to Respond to Petition Under 28 U.S.C. 2241 for a Writ of Habeas Corpus (ECF No. 1); Certificate of Service - filed by Melvyn Gear. (Attachments: #1 Mailing Documentation)(eta) |
| Filing 5 EO: Before the Court is Respondent's Motion for Extension of Time to Respond to Petition Under 28 U.S.C. 2241 for a Writ of Hebeas Corpus [ECF No. 4]. For good cause shown, the Motion is GRANTED. Respondent is ORDERED to file an Answer to the Petition on or before March 17, 2023. Petitioner may file an optional Reply on or before March 31, 2023. IT IS SO ORDERED. (CHIEF JUDGE DERRICK K. WATSON)(tyk)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
| Filing 4 MOTION for Extension of Time to File Response/Reply Respondent Warden Estela Derr's Motion for Extension of Time to Respond to Petition Under 28 U.S.C. 2241 for a Writ of Habeas Corpus [ECF No. 1]; Certificate of Service Harry Yee appearing for Respondent Estela Derr (Yee, Harry) |
| Filing 3 EO: On February 8, 2023, the Court received pro se Petitioner Melvyn Gear's "Petition Under 28 U.S.C. 2241 for a Writ of Habeas Corpus" [ECF No. 1], and the associated filing fee [ECF No. 2]. The government is ORDERED to file an Answer to the Petition on or before March 3, 2023, pursuant to Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner may file an optional Reply on or before March 17, 2023. The Clerk of Court is DIRECTED to serve a copy of this Entering Order and the Petition on the United States Attorney's Office for the District of Hawaii. IT IS SO ORDERED. (CHIEF JUDGE DERRICK K. WATSON)(tyk)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
| COURT'S CERTIFICATE of Service - a copy of #1 Petition for Writ of Habeas Corpus and #4 Entering Order has been served through interoffice delivery to the U.S. Attorney's Office for the District of Hawaii on February 10, 2023. A copy of 3 Entering Order shall be served by First Class Mail to Melvyn Gear at the address of record on February 10, 2023. (tyk) |
| Filing 2 Filing fee: $ 5, receipt number HI034212 re #1 Petition for Writ of Habeas Corpus (eta) |
| Filing 1 PETITION Under 28 U.S.C. 2241 for a Writ of Habeas Corpus - filed by Melvyn Gear. (Attachments: #1 Declaration of Melvyn Gear and Certificate of Service, #2 Exhibit A, #3 Mailing Documentation)(eta) |
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| Petitioner: Melvyn Gear | |
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| Respondent: Estela Derr | |
| Represented By: | Harry Yee |
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