Dominguez-Gabriel v. Spaulding
Petitioner: Hector Dominguez-Gabriel
Respondent: Stephen Spaulding
Case Number: 1:2021cv00217
Filed: March 8, 2021
Court: US District Court for the Western District of Michigan
Presiding Judge: Sally J Berens
Referring Judge: Paul L Maloney
Nature of Suit: Prisoner: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 18, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 18, 2021 Certified Copy of Opinion (Screening) #27 , Judgment Dismissing Case #28 sent via U.S. Mail to Benjamin Tolkoff (ndj)
March 18, 2021 Certified Copy of Opinion (Screening) #27 , Judgment Dismissing Case #28 sent via U.S. Mail to Hector Dominguez-Gabriel (ndj)
March 17, 2021 Filing 28 JUDGMENT dismissing case without prejudice; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
March 17, 2021 Filing 27 OPINION; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
March 8, 2021 Filing 26 NOTICE of receipt of case (slk)
March 8, 2021 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)
March 8, 2021 Copy of Receipt of Case Notice #26 sent via U.S. Mail to Hector Dominguez-Gabriel and Benjamin Tolkoff (slk)
March 5, 2021 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.]
March 5, 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.]
March 4, 2021 Filing 22 Mail Returned as Undeliverable, released for Mail sent to Hector Dominguez Gabriel. (Jones, Sherry) [Transferred from Massachusetts on 3/8/2021.]
March 3, 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.]
February 16, 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.]
February 16, 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.]
February 16, 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.]
March 2, 2020 Filing 17 Second MOTION to Dismiss for Lack of Jurisdiction by Stephen Spaulding.(Tolkoff, Benjamin) [Transferred from Massachusetts on 3/8/2021.]
December 20, 2019 Filing 16 Mail Returned as Undeliverable. Mail sent to Hector Dominguez Gabriel. (Burgos, Sandra) [Transferred from Massachusetts on 3/8/2021.]
December 18, 2019 Filing 15 Mail Returned as Undeliverable. Mail sent to Hector Dominquez Gabriel. (Burgos, Sandra) [Transferred from Massachusetts on 3/8/2021.]
December 11, 2019 Filing 14 NOTICE by Stephen Spaulding Consent to Proceed (Tolkoff, Benjamin) [Transferred from Massachusetts on 3/8/2021.]
December 10, 2019 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.]
December 10, 2019 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.]
December 5, 2019 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.]
December 5, 2019 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.]
December 5, 2019 Filing 9 Magistrate Judge David H. Hennessy: ORDER entered. *See attached order.(King, Dawn) [Transferred from Massachusetts on 3/8/2021.]
November 7, 2019 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.]
October 28, 2019 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.]
October 28, 2019 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.]
October 21, 2019 Filing 5 MOTION to Dismiss for Lack of Jurisdiction by Stephen Spaulding.(Tolkoff, Benjamin) [Transferred from Massachusetts on 3/8/2021.]
October 16, 2019 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.]
October 4, 2019 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.]
October 4, 2019 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.]
October 3, 2019 Filing 1 PETITION for Writ of Habeas Corpus (2241), filed by Hector Dominguez Gabriel.(Castilla, Francis) [Transferred from Massachusetts on 3/8/2021.]

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Michigan Western District Court's Electronic Court Filings (ECF) System

Search for this case: Dominguez-Gabriel v. Spaulding
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Stephen Spaulding
Represented By: Benjamin Tolkoff
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Hector Dominguez-Gabriel
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?