Cook v. Spaulding
Petitioner: Vivian Troy Cook
Respondent: Stephen Spaulding
Case Number: 1:2019cv12054
Filed: October 3, 2019
Court: US District Court for the District of Massachusetts
Presiding Judge: Judith G Dein
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 25, 2019 Filing 13 MEMORANDUM in Support re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Jurisdiction filed by Stephen Spaulding. (Attachments: #1 Declaration of Case Manager Gower, #2 Gower Declaration Attachments, #3 Declaration of Management Analyst Rohmer, #4 Rohmer Declaration Attachments)(Piemonte, Eve)
November 25, 2019 Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Jurisdiction by Stephen Spaulding.(Piemonte, Eve)
November 7, 2019 Filing 11 CONSENT by all parties to Jurisdiction by US Magistrate Judge. (Dambrosio, Jolyne)
November 4, 2019 Filing 10 ADDENDUM to #1 Petition for Writ of Habeas Corpus (2241) by Vivian Troy Cook. (Dambrosio, Jolyne)
November 1, 2019 Filing 9 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered denying #4 Motion for Leave to Proceed in forma pauperis. Electronic Order denying without prejudice #4 motion for leave to proceed in forma pauperis. The Court has received from petitioner Vivian Cook the second page of a two-page in forma pauperis application. In this incomplete document, Cook represents that he has $6,300 in cash or in a checking or savings account. In light of this representation, it is unclear to the Court why he is unable to pay the $5.00 filing fee. Cook must, within 21 days, pay the $5.00 filing fee or show good cause why he is unable to do so. Any show cause response should be accompanied by a certificate from the treasurer or other appropriate officer of Devens showing the balance of Cook's institutional account. (PSSA, 3)
November 1, 2019 Filing 8 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered granting #7 Motion for Extension of Time to Answer re #1 Petition for Writ of Habeas Corpus (2241). Respondent's answer due 11/29/2019. No further extensions will be granted. (Dambrosio, Jolyne)
November 1, 2019 Filing 7 MOTION for Extension of Time to November 29, 2019 to File Answer re #1 Petition for Writ of Habeas Corpus (2241) by Stephen Spaulding.(Piemonte, Eve)
November 1, 2019 Filing 6 Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered regarding petitioner's consent/refusal to consent form. The petitioner has filled out both portions of the form instead of making an election, so a new form is needed. If the petitioner consents to having Magistrate Judge Dein conduct all proceedings in this case, including a bench or jury trial, with direct review by the First Circuit Court of Appeals if an appeal is filed, only the top portion of the form should be completed. If the petitioner refuses to consent to the jurisdiction of Magistrate Judge Dein, then only the bottom portion of the form should be completed and the case will be randomly assigned to a District Judge as described in the form. The petitioner is to complete another form as described above and file it with the court as soon as possible. (Consent Package attached.) (Dambrosio, Jolyne)
October 31, 2019 Filing 5 NOTICE of Appearance by Eve A. Piemonte on behalf of Stephen Spaulding (Piemonte, Eve)
October 29, 2019 Filing 4 MOTION for Leave to Proceed in forma pauperis by Vivian Troy Cook (one page only). (Dambrosio, Jolyne)
October 11, 2019 Filing 3 Magistrate Judge Judith G. Dein: ORDER entered. SERVICE ORDER re 2241 Petition. Cook's filing shall be construed as a petition under 28 U.S.C. 2241. The Clerk shall serve a copy of the petition upon (i) FMC Devens Warden Stephen Spaulding; and (ii) the United States Attorney for the District of Massachusetts. Response to the petition is due November 1, 2019. Cook shall, by November 1, 2019, either (1) pay the $5.00 filing fee; or (2) file a completed Application to Proceed in District Court without Prepaying Fees or Costs accompanied by a certificate from the treasurer or other appropriate officer of FMC Devens showing the balance of Cook's institutional account. (PSSA, 3)
October 7, 2019 Filing 2 NOTICE of Case Assignment. Magistrate Judge Judith G. Dein assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary)
October 2, 2019 Filing 1 PETITION for Writ of Habeas Corpus (2241), filed by Vivian Troy Cook.(Castilla, Francis)

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Respondent: Stephen Spaulding
Represented By: Eve A. Piemonte
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Petitioner: Vivian Troy Cook
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