Schillinger v. NH State Prison
| Greg Schillinger |
| NH State Prison |
| 1:2020cv00698 |
| June 12, 2020 |
| 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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| Filing 5 JUDGMENT is hereby entered in accordance with #4 Order on Report and Recommendation and #3 Report and Recommendation. Signed by Daniel J. Lynch, Clerk of Court. (Case Closed) (jb) |
Filing 4
///ORDER approving #3 Report and Recommendation, denying #2 Motion for Temporary Restraining Order and dismissing without prejudice #1 Complaint. So Ordered by Judge Joseph N. Laplante.(jb)
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Filing 3
///REPORT AND RECOMMENDATION re #2 Motion for Temporary Restraining Order and #1 Petition for Writ of Habeas Corpus - 2241, recommending that the district judge deny the motion for preliminary injunction; dismiss all claims without prejudice; decline to issue a certificate of appealability as to Claims 3(a) and 3(b); and direct the clerk to enter judgment and close the case. Follow up on Objections to R&R on 7/06/2020. So Ordered by Magistrate Judge Andrea K. Johnstone.(jb)
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ENDORSED ORDER denying in part #2 Motion for Temporary Restraining Order. Text of Order: Mr. Schillinger has filed a motion for a TRO (Doc. No. #2 ) requesting that the court enjoin the prison from moving him out of his current housing unit pending the disposition of civil commitment proceedings. To the extent Mr. Schillinger has moved for issuance of a temporary restraining order without notice, the court denies that motion in part (Doc. No. #2 ). He has not demonstrated, in a sworn affidavit or declaration, that immediate and irreparable harm will result, before prison officials can be heard in opposition. See Fed. R. Civ. P. 65(b)(1). The magistrate judge is designated to consider the same motion to the extent that it also seeks preliminary injunctive relief after an opportunity for a hearing. The magistrate judge shall file proposed findings and recommendations with the court. See 28 U.S.C. 636(b)(1)(B). So Ordered by Judge Joseph N. Laplante.(jb)
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| 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. (ed) |
| Filing 2 MOTION for Temporary Restraining Order filed by Greg Schillinger. (ed) |
| Filing 1 Petition for Writ of Habeas Corpus under 28 USC 2241. Date petition received: June 12, 2020 filed by Greg Schillinger. (Attachments: #1 Envelope) (ed) |
| Case assigned to Judge Joseph N. Laplante. The case designation is: 1:20-cv-698-JL. Please show this number with the judge designation on all future pleadings. (ed) |
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| Respondent: NH State Prison | |
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| Petitioner: Greg Schillinger | |
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