Carlsen v. DiPaola
Petitioner: Jeffrey Paul Carlsen
Respondent: James V. DiPaola
Case Number: 1:2012cv10599
Filed: April 4, 2012
Court: US District Court for the District of Massachusetts
Office: Boston Office
County: Middlesex
Presiding Judge: Richard G Stearns
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2254
Jury Demanded By: None
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Docket Report

This docket was last retrieved on January 17, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 17, 2013 Filing 43 Letter/request (non-motion) from Mr. Carlsen requesting copy of docket sheet - docket sheet mailed on 1/22/13.. (Flaherty, Elaine)
January 4, 2013 Filing 42 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 41 Motion to Reopen Case copy to Mr. Carlsen 1/4/13 (Flaherty, Elaine)
October 5, 2012 Filing 40 Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot #38 Motion for Default Judgment. (Seelye, Terri)cm to Petitioner Carlsen on 10/5/12.
October 3, 2012 Filing 39 MEMORANDUM in Support re #38 MOTION for Default Judgment filed by Jeffrey Paul Carlsen, FILED. (Flaherty, Elaine)
October 3, 2012 Filing 38 MOTION for Default Judgment by Jeffrey Paul Carlsen, FILED.(Flaherty, Elaine)
August 31, 2012 Filing 37 Letter/request (non-motion) from petitioner to Court re: dismissal, FILED. (Flaherty, Elaine)
June 29, 2012 Mail Returned as Undeliverable. Mail sent to Carlsen-unable to forward (Flaherty, Elaine)
June 20, 2012 Filing 36 Judge Richard G. Stearns: ORDER DISMISSING CASE, ENTERED. copy to Mr. Carlsen on 6/20/12.(Flaherty, Elaine)
June 20, 2012 Civil Case Terminated. (Flaherty, Elaine)
June 19, 2012 Filing 35 Judge Richard G. Stearns: ORDER entered. ORDER ON REPORT AND RECOMMENDATIONS Action on motion: ; adopting #33 Report and Recommendations.; granting #29 Motion to Dismiss with prejudice copy to Mr. Carlsen 6/19/12.(Flaherty, Elaine)
June 14, 2012 Filing 34 Objection to #33 REPORT AND RECOMMENDATIONS re #29 MOTION to Dismiss for Failure to Exhaust State Court Remedies filed by James V. DiPaola Recommendation: I RECOMMEND that Respondents Motion to Dismiss for Failure to Exhaust State Court Remedies (#29 by Jeffrey Paul Carlsen, FILED. (Flaherty, Elaine)
June 7, 2012 Case no longer referred to Magistrate Judge Robert B. Collings. (Dolan, Kathleen)
June 7, 2012 Filing 33 Magistrate Judge Robert B. Collings: ORDER entered. REPORT AND RECOMMENDATIONS re #29 MOTION to Dismiss for Failure to Exhaust State Court Remedies filed by James V. DiPaola Recommendation: I RECOMMEND that Respondents Motion to Dismiss for Failure to Exhaust State Court Remedies (#29) be ALLOWED, that all pending motions be TERMINATED, and that Final Judgment enter DISMISSING the Petition without prejudice to filing a petition when state court remedies have been exhausted. Objections to R&R due by 6/21/2012(Dolan, Kathleen)
June 7, 2012 Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered DENYING #31 Request for notice of default filed by Jeffrey Paul Carlsen. The pleadings were timely filed.
June 4, 2012 Filing 32 MEMORANDUM OF LAW by Jeffrey Paul Carlsen to #31 Request for notice of default, FILED. (Flaherty, Elaine)
June 4, 2012 Filing 31 Request for notice of default by Jeffrey Paul Carlsen, FILED. (Flaherty, Elaine)
May 30, 2012 Filing 30 MEMORANDUM in Support re #29 MOTION to Dismiss for Failure to Exhaust State Court Remedies filed by James V. DiPaola. (Blume, Todd)
May 30, 2012 Filing 29 MOTION to Dismiss for Failure to Exhaust State Court Remedies by James V. DiPaola. (Attachments: #1 Exhibit Lowell District Court Docket Sheets, #2 Exhibit Supreme Judicial Court for Suffolk County Docket Sheet, #3 Exhibit Lowell District Court Motions)(Blume, Todd)
May 30, 2012 Filing 28 NOTICE by James V. DiPaola regarding existence of victim (Blume, Todd)
May 29, 2012 Filing 27 NOTICE/motion by Jeffrey Paul Carlsen of exhaustion of state remedies not required, FILED. (Flaherty, Elaine)
May 24, 2012 Filing 26 MOTION for Hearing and immediate release by Jeffrey Paul Carlsen, FILED..(Flaherty, Elaine)
May 22, 2012 Filing 25 Ex parte MOTION claim of deprivation of liberty in violation of due process by Jeffrey Paul Carlsen, FILED.(Flaherty, Elaine)
May 16, 2012 Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered denying 16 Motion for Entry of Default; denying 17 Motion for Declaratory Judgment; denying 18 Motion for Hearing; denying 24 Motion. The petitioner filed all of these motions as ex parte pleadings. That is improper. All motions (except in very limited circumstances not present in this case) must be filed on the public record and petitioner himself must mail a copy to the Assistant Attorney general who has been assigned to this case. Further, the petitioner on the motion must certify that he has, in fact, mailed a copy of the motion to the Assistant Attorney General.
May 14, 2012 Filing 23 Response by Jeffrey Paul Carlsen to #21 Response to Court Order, FILED. (Flaherty, Elaine)
May 10, 2012 Filing 22 Magistrate Judge Robert B. Collings: ORDER entered. PROCEDURAL ORDER (Russo, Noreen)
May 9, 2012 Filing 21 RESPONSE TO COURT ORDER by James V. DiPaola . (Attachments: #1 Affidavit)(Blume, Todd)
May 8, 2012 Filing 20 MOTION for continuing review by Jeffrey Paul Carlsen, FILED.(Flaherty, Elaine)
May 8, 2012 Magistrate Judge Robert B. Collings: ELECTRONIC ORDER entered re 16 MOTION for Entry of Default filed by Jeffrey Paul Carlsen, 17 MOTION for Declaratory Judgment filed by Jeffrey Paul Carlsen, 18 MOTION for Hearing filed by Jeffrey Paul Carlsen. The Court shall not consider these motions on an ex parte basis. The petitioner must serve copies on the respondent and file a pleading certifying that copies have been served.
May 7, 2012 Filing 19 Letter/request (non-motion) from Mr. Carlsen requesting docket sheet, FILED. Docket sheet mailed to him on 5/7/12.(Flaherty, Elaine)
May 1, 2012 Filing 15 Opposition re #11 MOTION for Extension of Time to May 30, 2012 to file a responsive pleading filed by Jeffrey Paul Carlsen, FILED. (Flaherty, Elaine)
May 1, 2012 Filing 14 MOTION for continuing review, extraordinary circumstances by Jeffrey Paul Carlsen, FILED.(Flaherty, Elaine)
April 27, 2012 Filing 13 Additional AFFIDAVIT in Support re 8 MOTION for Declaratory Judgment, FILED. (Flaherty, Elaine)
April 26, 2012 Filing 12 Magistrate Judge Robert B. Collings: ORDER entered re #11 Motion for Extension of Time. Respondent is ordered to file a pleading on or before 5/9/12 providing some explanation as to why the record has not been assembled and the case has not been docketed in the Appeals Court and a projected date by which it will be done. With this exception, the respondent's motion is allowed. (Dolan, Kathleen)
April 25, 2012 Filing 11 MOTION for Extension of Time to May 30, 2012 to file a responsive pleading by James V. DiPaola.(Blume, Todd)
April 25, 2012 Filing 10 NOTICE of Appearance by Todd M. Blume on behalf of James V. DiPaola (Blume, Todd)
April 20, 2012 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 5 Motion release; denying 8 Motion for Declaratory Judgment; denying #9 Motion for Discovery "DENIED without prejudice. The court cannot adequately assess the merits of these motions in the absence of defendant's response to the Complaint." cc: Mr. Carlsen 4/20/12 (Flaherty, Elaine)
April 20, 2012 Judge Richard G. Stearns: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Robert B. Collings Referred for: Report and Recommendation re:2254 Further information: 2254 petition for writ of habeas corpus.(Flaherty, Elaine)
April 20, 2012 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 6 Motion to Appoint Counsel "Not in the interests of justice. See 18 U.S.C., Sec. 3006A." cc: Mr. Carlsen 4/20/12. (Flaherty, Elaine)
April 18, 2012 Filing 9 MOTION for Discovery of interrogatories to Respondents to answer by Jeffrey Paul Carlsen, FILED.(Flaherty, Elaine)
April 12, 2012 Filing 7 AFFIDAVIT of Mr. Carlsen by Jeffrey Paul Carlsen, FILED. (Flaherty, Elaine)
April 6, 2012 Filing 4 Judge Richard G. Stearns: ORDER entered. SERVICE ORDER re 2254 Petition. Order entered pursuant to R.4 of the Rules governing Section 2254 cases for service on respondents. Answer/responsive pleading due w/in 21 days of receipt of this order.mailed to petitioner, respondent(Peter J. Koutoujian, Middlesex Sheriff) and MA Attorney General(Flaherty, Elaine)
April 6, 2012 Filing 3 Judge Richard G. Stearns: ORDER entered. SERVICE ORDER re 2254 Petition. Order entered pursuant to R.4 of the Rules governing Section 2254 cases for service on respondents. Answer/responsive pleading due w/in 21 days of receipt of this order. (Flaherty, Elaine) Modified on 4/9/2012 (Flaherty, Elaine)Duplicate docket entry please see document #4 for correct version.
April 6, 2012 Filing 2 Judge Richard G. Stearns: ORDER entered. MEMORANDUM AND ORDER "...Petitioner's request for ex parte habeas relief is DENIED and Petitioner's request for appointment of counsel is DENIED." cc: Mr. Carlsen this day.(Flaherty, Elaine)
April 4, 2012 Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2254, filed by Jeffrey Paul Carlsen.(York, Steve)
April 4, 2012 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Robert B. Collings. (Abaid, Kimberly)
April 4, 2012 Filing fee/payment: $ 5.00, receipt number 1BST030101 for #1 Petition for Writ of Habeas Corpus (28:2254). (MacDonald, Gail)

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Petitioner: Jeffrey Paul Carlsen
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Respondent: James V. DiPaola
Represented By: Todd M. Blume
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