Carey v. Quintana
Petitioner: John Floyd Carey, Sr.
Respondent: Francisco J. Quintana
Case Number: 5:2019cv00030
Filed: February 4, 2019
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Joseph M Hood
Referring Judge: P SO
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None
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Docket Report

This docket was last retrieved on April 2, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 2, 2019 Opinion or Order Filing 16 ORDER: DENYING Carey's #13 Motion for Extension of Time. Signed by Judge Joseph M. Hood on 4/2/19. (KJR)cc: COR, Carey (US Mail0
March 28, 2019 Filing 15 USCA Letter re #12 Notice of Appeal - Briefing Schedule (KM)
March 28, 2019 Filing 14 USCA Case Number 19-5299 Case Manager Sharday S. Swain for #12 Notice of Appeal, filed by John Floyd Carey, Sr. (KM)
March 28, 2019 Filing 13 MOTION for Extension of Time of 60 days to prepare the appeal by John Floyd Carey, Sr (pro se). Motions referred to P SO. (KJR)
March 28, 2019 Filing 12 NOTICE OF APPEAL as to #10 Memorandum Opinion & Order, #11 Judgment, by John Floyd Carey, Sr. (pro se). (A copy of the docket sheet & NOA have been mailed to pla). cc: COR, 6CCA (Attachments: #1 cover ltr, #2 env postmarked 3/26/19)(KJR)
March 28, 2019 ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #13 MOTION for Extension of Time by John Floyd Carey, Sr (KJR)
March 15, 2019 Filing 11 JUDGMENT: 1. Petitioner's petition #9 is DISMISSED; 2. Petitioner's conditions of confinement and other civil rights claims are DISMISSED WITHOUT PREJUDICE; 3. Petitioner's claims for compassionate release and/or immediate release to home confinement are DISMISSED WITH PREJUDICE; 4. This action is DISMISSED and STRICKEN from the Court's docket; 5. This is a FINAL and APPEALABLE Judgment and there is no just cause for delay. Signed by Judge Joseph M. Hood on 3/15/2019.(KM)cc: COR, Petitioner via U.S. mail
March 15, 2019 Opinion or Order Filing 10 MEMORANDUM OPINION & ORDER: 1. Carey's #7 MOTION for Leave to Proceed in forma pauperis filed is GRANTED; 2. The $5 habeas filing fee is WAIVED; 3. The conditions of confinement claims and any other attempted civil rights claims in Carey's petition for a writ ofhabeas corpus pursuant to 28 U.S.C. 2241 are DISMISSED WITHOUT PREJUDICE, with leave to refile in an appropriate action; 4. Carey's claims for compassionate release and/or immediate release to home confinement are DISMISSED WITH PREJUDICE; 5. This matter is STRICKEN from the Court's active docket; 6. Judgment shall be entered contemporaneously herewith. Signed by Judge Joseph M. Hood on 3/15/2019.(KM)cc: COR, Petitioner via U.S. mail
March 7, 2019 Filing 9 PETITION for Writ of Habeas Corpus, filed by John Floyd Carey, Sr. (pro se). (Attachments: #1 Exhibit 1 - Order 1/4/18, #2 Exhibit 2 - Order 7/20/18, #3 Exhibit 3 - ltr from Armstrong Co Probation, #4 Exhibit 4 - ltr Potter Co Probation, #5 Exhibit 5 - Inmate request, #6 Exhibit 6 - transfer, #7 Exhibit 7 - sentence monitoring computation data, #8 Exhibit 8 - reentry plan, #9 Exhibit 9 - sentence computation data 11/8/18, #10 Exhibit 10 - sentence monitoring computation data 1/4/19, #11 Exhibit 11 - memo & afdt, #12 cover ltr)(KJR)
March 7, 2019 Filing 8 Prisoner Trust Fund Account Statement by John Floyd Carey, Sr. (pro se). (KJR)
March 7, 2019 Filing 7 MOTION for Leave to Proceed in forma pauperis by John Floyd Carey, Sr (pro se). Motions referred to P SO. (Attachments: #1 env postmarked 3/6/19)(KJR) Modified text on 3/15/2019 (KM).
March 7, 2019 ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #7 MOTION for Leave to Appeal in forma pauperis by John Floyd Carey, Sr (KJR)
February 12, 2019 Filing 6 Letter from John F. Carey (pro se). (Attachments: #1 env postmarked 2/11/19, #2 copy of Motion (original illegible), #3 Exhibit List, #4 cover ltr, #5 env postmarked 2/11/19) (KJR)
February 8, 2019 Opinion or Order Filing 5 ORDER: 1. The Clerk of Court is DIRECTED to send Care a Peition for Writ of Habeas Corpus [EDKY Form 521], and Affidavit of Assets of Application to Proceed Without Payment of Fees [AO Form 240], and a Certificate of Inmate Account [EDKY Form 523]; 2. Within 30 days, Carey must complete & file the habeas petition form providing all of the facts relevant to his claims and stating the legal grounds for the relief he seeks; 3. Carey's deficient MOTION for Leave to Proceed in forma pauperis #4 is DENIED. Within 30 days, Carey must either, (1) pay the $5.00 filing fee, or (2) submit a properly completed Affidavit of Assets to Proceed Without Prepayment of Fees and a Certificate of Inmate Account for the Court's Consideration; 4. Carey is advised that failure to comply with this order within 30 days may result in dismissal of this action by John Floyd Carey, Sr filed by John Floyd Carey, Sr. Signed by Judge Joseph M. Hood on 2/8/2019.(KM)cc: COR, Petitioner via U.S. mail with EDKY Form 521, AO Form 240 & EDKY Form 523
February 7, 2019 Filing 4 MOTION for Leave to Proceed in forma pauperis by John Floyd Carey, Sr., pro se. Motions referred to P SO. (Attachments: #1 Cover letter, #2 Envelope post marked 2/5/19)(JLM)
February 7, 2019 ***MOTION SUBMITTED TO PSO for review: re #4 MOTION for Leave to Proceed in forma pauperis by John Floyd Carey, Sr (JLM)
February 4, 2019 Filing 3 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)(JLM)
February 4, 2019 Filing 1 PETITION for Writ of Habeas Corpus, filed by John Floyd Carey, Sr., pro se. (Attachments: #1 Exhibits, #2 Cover letter, #3 Envelope postmarked 1/31/19)(JLM) (No filing fee received and No IFP filed).
February 4, 2019 Conflict Check run. (JLM)
February 4, 2019 ***FILE SUBMITTED TO PSO for review: #1 Petition for Writ of Habeas Corpus (JLM)

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Petitioner: John Floyd Carey, Sr.
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Respondent: Francisco J. Quintana
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