Simmons v. FCI Berlin, Warden
| Levon Simmons |
| C. Metzger and FCI Berlin, Warden |
| 1:2019cv00049 |
| February 22, 2019 |
| US District Court for the District of New Hampshire |
| Andrea K Johnstone |
| Joseph N Laplante |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on October 9, 2019. A more recent docket listing may be available from PACER.
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| Notice regarding #10 MOTION to Dismiss 2241 Petition: Pursuant to Local Rule 72.1, this motion has been referred to Magistrate Judge Andrea K. Johnstone for proposed findings of fact and a recommendation as to its disposition. Any such findings and recommendations shall be filed with the Court and a copy shall forthwith be served on all parties. (jb) |
ENDORSED ORDER re #10 Motion to Dismiss 2241 Petition. Text of Order: The petitioner was recently relocated from FCI Berlin to Rivers Correctional Institution. As no objection has been filed to the motion to dismiss, the clerk is directed to mail a copy of the pending motion to dismiss to the petitioner. The deadline to file a response to the motion to dismiss is extended to September 30, 2019. So Ordered by Magistrate Judge Andrea K. Johnstone.(jb)
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| Filing 10 MOTION to Dismiss 2241 Petition filed by FCI Berlin, Warden. Follow up on Objection on 8/20/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit A. Declaration of Jerome Brooks)(Aframe, Seth) |
| Filing 11 NOTICE of Mail Returned- Return to Sender - Not Deliverable as Addressed - Unable to Forward re Order on Motion for Extension of Time to Answer.(jb) |
| Filing 9 NOTICE of Change of Address for Levon Simmons (Attachments: #1 Envelope)(jb) |
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ENDORSED ORDER granting #8 Motion to Extend Time to Answer to August 28, 2019 re #1 Petition for Writ of Habeas Corpus - 2241. Text of Order: The respondent's motion to extend time to answer until August 28, 2019 is GRANTED, without prejudice to the plaintiff's ability to move to reconsider the length of the extension granted. So Ordered by Magistrate Judge Andrea K. Johnstone. Answer Follow Up on 8/28/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(jb)
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| Filing 8 MOTION to Extend Time to Answer to August 28, 2019 filed by FCI Berlin, Warden. Follow up on Objection on 7/23/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Aframe, Seth) |
| Filing 7 Return of Service Executed as to FCI Berlin, Warden/Attorney General of the United States. Served/Mailed on 5/20/2019.(jb) |
| Filing 6 Return of Service Executed (undated) as to FCI Berlin, Warden (jb) |
| Filing 5 NOTICE of Attorney Appearance by Seth R. Aframe on behalf of FCI Berlin, Warden Attorney Seth R. Aframe added to party FCI Berlin, Warden(pty:res).(Aframe, Seth) |
| Filing 4 US Marshal Service of Process re: Clerk Service served on 5/15/2019 on United States Attorney re FCI Berlin, Warden.(jb) |
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Filing 3
ORDER Directing Clerk and US Marshal to Make Service. Respondent to file answer or motion to dismiss within sixty days of the date of service on the United States Attorney as outlined. So Ordered by Magistrate Judge Andrea K. Johnstone.(jb)
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| SERVICE BY CLERK: Copies mailed via certified mail, return receipt requested to FCI Berlin, Warden and Attorney General of the United States. Copies to US Marshal as to United States Attorney for District of New Hampshire per #3 Order Directing Service.(jb) |
| Filing Fee paid - case converted to a civil case: $5 (Check), receipt number 14649017477 Case assigned to Judge Joseph N. Laplante. New case number is 1:19-cv-49-JL. Please show this number with the judge designation on all future pleadings. (bt) |
| Filing 2 NOTICE - Filing Fee Omitted. Either the filing fee or an application to proceed without fees or costs must be submitted within 60 days. If proceeding without prepayment of fees or costs is sought the court needs: Application to Proceed Without Prepayment of Fees or Costs,Certificate of Custodial Institution.Compliance Deadline set for 3/11/2019.(bt) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (bt) |
| Filing 1 Petition for Writ of Habeas Corpus under 28 USC 2241. filed by Levon Simmons. Date received: January 11, 2019. (Attachments: #1 Cover Letter, #2 Envelope)(bt) |
| NOTICE of Filing - Case filed under 28 U.S.C. 2241. A copy of the petition has been electronically sent via ECF to your office. No further action is required by the United States Attorney unless directed by the presiding judge.(bt) |
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