Wolff v. USA et al
| Charles Jay Wolff |
| Lawrence Sheldon Wolff, Carol Ann Gorelick, Beverely Ann Wolff, Heather Wolff, United States of America, Donald E. Gorelick and Richard Wolff |
| USA |
| 1:2020cv00956 |
| September 14, 2020 |
| US District Court for the District of New Hampshire |
| Joseph A DiClerico |
| Andrea K Johnstone |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Filing 12 Motion/Addendum to #1 Petition for Writ of Habeas Corpus filed by Charles Jay Wolff. (Attachments: #1 Records)(ko) |
ENDORSED ORDER granting: #11 Motion to Proceed Without Prepayment of Fees or Costs. Text of Order: Plaintiff's request to proceed without prepayment of fees or costs is hereby granted, but only for the purpose of waiving the filing fee. So Ordered by Magistrate Judge Daniel J. Lynch. (ed)
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| Filing 11 MOTION to Proceed Without Prepayment of Fees or Costs with Custodial Certificate filed by Charles Jay Wolff. (Attachments: #1 Certificate of Custodial, #2 Envelope) (ed) |
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ENDORSED ORDER denying without prejudice re #10 Motion for Witnesses be Issued Summons. Text of Order: Petitioner Charles J. Wolff filed a motion (Doc. No. 10) requesting the issuance of subpoenas to compel the testimony of three individuals. The motion is premature, as preliminary review has not yet been conducted, and is therefore DENIED without prejudice to refiling after the court conducts preliminary review in this matter. So Ordered by Magistrate Judge Andrea K. Johnstone.(ko)
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| Filing 10 MOTION for Witnesses be Issued Summons filed by Charles Jay Wolff.(ko) |
| Filing 9 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 11/17/2020. (ed) |
| 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 8 PROCEDURAL ORDER IN TRANSFERRED CASE. ORDER Signed by Daniel J. Lynch, Clerk of Court. Compliance Deadline set for 10/14/2020. (ed) |
| Case assigned to Judge Joseph A. DiClerico, Jr. The case designation is: 1:20-cv-956-JD. Please show this number with the judge designation on all future pleadings. (ed) |
| Filing 7 Case transferred in from District of Massachusetts; Case Number: 1:20-cv-11597. Original file certified copy of transfer order and docket sheet received |
| Filing 6 Case transferred to to District of New Hampshire;. Original file with documents numbered 1-5, certified copy of transfer order and docket sheet sent to Clerk in that district. (Baker, Casey) [Transferred from mad on 9/14/2020.] |
| Filing 5 Judge Patti B. Saris: ORDER OF TRANSFER entered. Transferred to the District of New Hampshire. (Baker, Casey) [Transferred from mad on 9/14/2020.] |
| Filing 4 Judge Patti B. Saris: ELECTRONIC ORDER entered. Before the Court is Petitioner Charles J. Wolffs (Wolff) petition for a writ of habeas corpus styled Motion to Aquit (sic) the Plaintiff by Means of a Habeas Corpus. Pet., ECF No. 1. Wolff is a New Hampshire state prisoner confined at the New Hampshire State Prison For Men in Concord. The filing fee has not been paid. The Court may deny and dismiss a petition if it plainly appears from the face of the petition and... attached exhibits that the petitioner is not entitled to relief in the district court. Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts; see also 28 U.S.C. 2243. It is unclear whether Wolffs petition is brought under 28 U.S.C. 2241 or 28 U.S.C. 2254. Either way, it must be brought in the district of confinement against the petitioners immediate custodian. See Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004). Because this court lacks jurisdiction over the petition, the court shall, if it is in the interest of justice, transfer such action... to any other such court in which the action... could have been brought at the time it was filed. 28 U.S.C. 1631. The Court TRANSFERS this action to the District of New Hampshire because it is in the interest of justice to do so. (PSSA, 5) [Transferred from mad on 9/14/2020.] |
| Filing 3 ELECTRONIC NOTICE of Case RE-Assignment. Judge Patti B. Saris 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 Donald L. Cabell. (Finn, Mary) [Transferred from mad on 9/14/2020.] |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Magistrate Judge Donald L. Cabell assigned to case. (Danieli, Chris) [Transferred from mad on 9/14/2020.] |
| Filing 1 COMPLAINT against All Defendants, filed by Charles Jay Wolff.(Castilla, Francis) [Transferred from mad on 9/14/2020.] |
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