Dominguez-Gabriel v. Spaulding
Hector Dominguez-Gabriel |
Stephen Spaulding |
1:2021cv00217 |
March 8, 2021 |
US District Court for the Western District of Michigan |
Sally J Berens |
Paul L Maloney |
Prisoner: Habeas Corpus (General) |
28 U.S.C. § 2241 |
None |
Docket Report
This docket was last retrieved on March 18, 2021. A more recent docket listing may be available from PACER.
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Certified Copy of Opinion (Screening) #27 , Judgment Dismissing Case #28 sent via U.S. Mail to Benjamin Tolkoff (ndj) |
Certified Copy of Opinion (Screening) #27 , Judgment Dismissing Case #28 sent via U.S. Mail to Hector Dominguez-Gabriel (ndj) |
Filing 28 JUDGMENT dismissing case without prejudice; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) |
Filing 27 OPINION; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) |
Filing 26 NOTICE of receipt of case (slk) |
Filing 25 CASE TRANSFERRED IN from Massachusetts, their case number 1:19-cv-12060; the documents listed above were electronically transferred to the Western District of Michigan (ems) |
Copy of Receipt of Case Notice #26 sent via U.S. Mail to Hector Dominguez-Gabriel and Benjamin Tolkoff (slk) |
Filing 24 Case electronically transferred to the Western District of Michigan. (Castles, Martin) Modified on 3/5/2021 (Jones, Sherry). [Transferred from Massachusetts on 3/8/2021.] |
Filing 23 District Judge Timothy S. Hillman: ORDER entered. I hereby adopt the Magistrate Judge's Report and Recommendation #18 and order that this matter be transferred to the U.S. District Court for the Western District of Michigan. The Motion to Dismiss #17 is denied. (Castles, Martin) [Transferred from Massachusetts on 3/8/2021.] |
Filing 22 Mail Returned as Undeliverable, released for Mail sent to Hector Dominguez Gabriel. (Jones, Sherry) [Transferred from Massachusetts on 3/8/2021.] |
Filing 21 NOTICE by Stephen Spaulding re #18 REPORT AND RECOMMENDATIONS re #17 Second MOTION to Dismiss for Lack of Jurisdiction filed by Stephen Spaulding Recommendation: Deny of No Objection Transferring Matter (Tolkoff, Benjamin)[Transferred from Massachusetts on 3/8/2021.] |
Filing 20 ELECTRONIC NOTICE of Case RE-Assignment. District Judge Timothy S. Hillman 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 David H. Hennessy. (Finn, Mary) [Transferred from Massachusetts on 3/8/2021.] |
Filing 19 Copy re #18 REPORT AND RECOMMENDATIONS re #17 Second MOTION to Dismiss for Lack of Jurisdiction filed by Stephen Spaulding Recommendation: Deny mailed to Hector Dominguez Gabriel #86202-0044 DEVENS FEDERAL MEDICAL CENTER Inmate Mail/Parcels P.O. BOX 879 AYER, MA 01432 on 2/17/21. (King, Dawn) [Transferred from Massachusetts on 3/8/2021.] |
Filing 18 Magistrate Judge David H. Hennessy: ORDER entered. REPORT AND RECOMMENDATIONS re #17 Second MOTION to Dismiss for Lack of Jurisdiction filed by Stephen Spaulding Recommendation: Deny. Objections to R&R due by 3/2/2021(King, Dawn) [Transferred from Massachusetts on 3/8/2021.] |
Filing 17 Second MOTION to Dismiss for Lack of Jurisdiction by Stephen Spaulding.(Tolkoff, Benjamin) [Transferred from Massachusetts on 3/8/2021.] |
Filing 16 Mail Returned as Undeliverable. Mail sent to Hector Dominguez Gabriel. (Burgos, Sandra) [Transferred from Massachusetts on 3/8/2021.] |
Filing 15 Mail Returned as Undeliverable. Mail sent to Hector Dominquez Gabriel. (Burgos, Sandra) [Transferred from Massachusetts on 3/8/2021.] |
Filing 14 NOTICE by Stephen Spaulding Consent to Proceed (Tolkoff, Benjamin) [Transferred from Massachusetts on 3/8/2021.] |
Filing 13 Copy re #12 Order on Motion to Dismiss/Lack of Jurisdiction mailed to Hector Dominguez Gabriel #86202-0044 DEVENS FEDERAL MEDICAL CENTER Inmate Mail/Parcels P.O. BOX 879 AYER, MA 01432 on 12/10/19. (King, Dawn) [Transferred from Massachusetts on 3/8/2021.] |
Filing 12 Magistrate Judge David H. Hennessy: ORDER entered denying #5 Motion to Dismiss for Lack of Jurisdiction. *See attached order. (King, Dawn) [Transferred from Massachusetts on 3/8/2021.] |
Filing 11 Copy re 10 Reminder to Submit Consent or Refusal of MJ Jurisdiction and Notice Setting Status Conference and #9 Order mailed to Hector Dominguez Gabriel #86202-0044 DEVENS FEDERAL MEDICAL CENTER Inmate Mail/Parcels P.O. BOX 879 AYER, MA 01432 on 12/5/19. (King, Dawn) [Transferred from Massachusetts on 3/8/2021.] |
Filing 10 ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has 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. NOTICE of Status Conference (King, Dawn) [Transferred from Massachusetts on 3/8/2021.] |
Filing 9 Magistrate Judge David H. Hennessy: ORDER entered. *See attached order.(King, Dawn) [Transferred from Massachusetts on 3/8/2021.] |
Filing 8 Filing fee/payment: $5.00, receipt number 1BST077216 for #1 Petition for Writ of Habeas Corpus (2241), #3 Order, (Coppola, Katelyn) [Transferred from Massachusetts on 3/8/2021.] |
Filing 7 Copy re 6 Order on Motion for Extension of Time to File Response/Reply, mailed to Hector Dominguez Gabriel on 10/28/19. (King, Dawn) [Transferred from Massachusetts on 3/8/2021.] |
Filing 6 Magistrate Judge David H. Hennessy: ELECTRONIC ORDER entered denying as moot #4 Motion for Extension of Time to File Response/Reply. On October 16, 2019, Respondent Stephen Spaulding moved for an extension of time to respond to the Petitioner's petition for a writ of habeas corpus, Docket entry #4 . Prior to a ruling on the motion, Respondent filed a motion to dismiss the petition, Docket entry #5 . Therefore, the #4 motion for extension is hereby DENIED AS MOOT. (King, Dawn) [Transferred from Massachusetts on 3/8/2021.] |
Filing 5 MOTION to Dismiss for Lack of Jurisdiction by Stephen Spaulding.(Tolkoff, Benjamin) [Transferred from Massachusetts on 3/8/2021.] |
Filing 4 First MOTION for Extension of Time to 12/6/19 to File Response/Reply by Stephen Spaulding.(Tolkoff, Benjamin) [Transferred from Massachusetts on 3/8/2021.] |
Filing 3 Magistrate Judge David H. Hennessy: PROCEDURAL ORDER entered. If petitioner wishes to proceed with this action, within 21 days of the date of this Procedural Order, he either must (1) pay the $5.00 filing fee; or (2) file a motion for leave to proceed in forma pauperis accompanied by a certified prison account statement. The Clerk shall provide petitioner with an Application to Proceed in District Court Without Prepaying Fees or Costs.(PSSA, 4) [Transferred from Massachusetts on 3/8/2021.] |
Filing 2 NOTICE of Case Assignment. Magistrate Judge David H. Hennessy 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) [Transferred from Massachusetts on 3/8/2021.] |
Filing 1 PETITION for Writ of Habeas Corpus (2241), filed by Hector Dominguez Gabriel.(Castilla, Francis) [Transferred from Massachusetts on 3/8/2021.] |
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Respondent: Stephen Spaulding | |
Represented By: | Benjamin Tolkoff |
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Petitioner: Hector Dominguez-Gabriel | |
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