Saez v. United States of America et al
| Juan Saez |
| UNITED STATES OF AMERICA and Acting Warden, Miami FCI |
| 1:2023cv11031 |
| May 10, 2023 |
| US District Court for the District of Massachusetts |
| Jennifer C Boal |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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| Filing 17 ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not all parties have consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (York, Steve) |
| Filing 16 CONSENT to Jurisdiction by US Magistrate Judge as to UNITED STATES OF AMERICA. (York, Steve) |
| Filing 15 RESPONSE/ANSWER to #1 Petition for Writ of Habeas Corpus (2254) by Acting Warden, Miami FCI, UNITED STATES OF AMERICA. (Attachments: #1 Affidavit Bourke Decl., #2 Exhibit 1 to Bourke Decl., #3 Exhibit 2 to Bourke Decl., #4 Exhibit 3 to Bourke Decl., #5 Exhibit 4 to Bourke Decl., #6 Exhibit 5 to Bourke Decl., #7 Exhibit 6 to Bourke Decl.)(Canzoneri, Julian) |
| Filing 14 NOTICE of Appearance by Julian N. Canzoneri on behalf of Acting Warden, Miami FCI, UNITED STATES OF AMERICA (Canzoneri, Julian) |
| Filing 13 NOTICE of Case Assignment. Magistrate Judge Jennifer C. Boal 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. (Danieli, Chris) |
| Filing 12 Case transferred in from District of Florida Southern; Case Number 1:23-cv-21247. |
Filing 11
ORDER DENYING MOTION FOR EXTENSION OF TIME AND TRANSFERRING PETITION, denying as moot #10 Motion for Extension of Time. Signed by Judge Rodolfo A. Ruiz, II on 5/10/2023. See attached document for full details. (mee)
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| Filing 10 MOTION for Extension of Time (address updated) re #3 Order Requiring Payment of Filing Fee or Filing IFP Motion, by Juan Saez. Responses due by 5/22/2023 (mee) |
| Filing 9 Clerks Notice of Receipt of Filing Fee received on 4/10/2023 in the amount of $ 5.00, receipt number FLS267596. (vt) |
| Filing 8 CLERK'S NOTICE of compliance re #7 Order; #3 Order. Copies of all applicable Orders mailed to address of record and new facility address at FTC Oklahoma City. (daa) |
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Filing 7
ORDER DISMISSING 28 U.S.C. 2241 PETITION WITHOUT PREJUDICE. The Petition [ECF No. #1 ] is DISMISSED without prejudice. The Clerk is directed to CLOSE the case. Signed by Judge Rodolfo A. Ruiz, II on 4/6/2023. See attached document for full details. (daa)
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| Filing 6 Respondent's RESPONSE to Petition for Writ of Habeas Corpus by United States of America. (Lucius, Francesse) |
| Filing 5 NOTICE of Attorney Appearance by Francesse Lucius on behalf of United States of America. Attorney Francesse Lucius added to party United States of America(pty:dft). (Lucius, Francesse) |
| Filing 4 CLERK'S NOTICE of compliance re #3 Order. Copy of Order mailed to address of record and new facility address at FCI Tallahassee. (daa) |
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Filing 3
ORDER REQUIRING FILING FEE OR FILING OF IFP MOTION. Petitioner shall either pay the Clerk's filing fee of $5.00 or, in the alternative, file a motion to proceed in forma pauperis on or before April 25, 2023. Failure to either timely pay the filing fee or file a sufficient IFP motion will result in the dismissal of the Petition. The Clerk is INSTRUCTED to provide Petitioner with a copy of this Court's Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form). The Court takes judicial notice of the Bureau of Prisons's "Inmate Locator," which reveals that Petitioner was recently transferred from FCI Miami to FCI Tallahassee.The Clerk is ORDERED to mail copies of this Order to both addresses. Petitioner is advised that, if he has been moved to Tallahassee FCI, he is required to "file a Notice of Current Address with updated contact information" as soon as possible failure to do so may result in the dismissal of this case. S.D. FLA. L.R. 11.1(g). Signed by Judge Rodolfo A. Ruiz, II on 4/4/2023. See attached document for full details. (Attachments: #1 IFP Long Form) (daa)
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| Filing 2 Judge Assignment to Judge Rodolfo A. Ruiz, II. (daa) |
| Filing 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00 (Filing fee not pad/IFP Motion not filed), filed by Juan Saez. (Attachments: #1 Exhibit)(daa) |
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