Maragh v. FCI Berlin, Warden
| Marcus Maragh |
| FCI Berlin, Warden |
| 1:2022cv00566 |
| December 28, 2022 |
| US District Court for the District of New Hampshire |
| Samantha D Elliott |
| Andrea K Johnstone |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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| Filing 11 JUDGMENT is hereby entered in accordance with #10 Order, Endorsed Order. Signed by Daniel J. Lynch, Clerk of Court. (Case Closed) (kad) |
| ENDORSED ORDER. Text of Order: On January 20, 2023, the Court issued an order in this case directing that the petitioner be immediately released from the custody of the Federal Bureau of Prisons (BOP). As the petitioner has now been released from BOP custody, the petition in this case is dismissed as moot. See Ford v. Bender, 768 F.3d 15, 29 (1st Cir. 2014) ("A prisoner's challenge to prison conditions or policies is generally rendered moot by his transfer or release."). The Clerk's office is directed to close this case and enter judgment. So Ordered by US Magistrate Judge Andrea K Johnstone.(kad) |
| ENDORSED ORDER denying as moot #5 Motion for Summary Judgment. Text of Order: Denied as moot. So Ordered by US Magistrate Judge Andrea K Johnstone.(kad) |
| Minute Entry for proceedings held before US Magistrate Judge Andrea K Johnstone. SHOW CAUSE HEARING held on 1/20/2023. The parties consented to the assignment of this case to the magistrate judge. Evidence introduced. The court ordered petitioner immediately released from BOP custody to begin his term of supervised release. (Court Reporter: Liza Dubois) (Pltfs Atty: Marcus Maragh) (Defts Atty: Heather Cherniske)(Total Hearing Time: 13 min.) (kad) |
Filing 10
ORDER. The Court therefore orders that Mr. Maragh be immediately released from BOP custody to begin his term of supervised release in the Eastern District of New York. It is the Court's understanding that, upon his release from BOP custody, U.S. Immigration and Customs Enforcement (ICE) will take Mr. Maragh into its custody pursuant to an immigration detainer. So Ordered by US Magistrate Judge Andrea K. Johnstone.(js)
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| Filing 9 CONSENT to Jurisdiction by U.S. Magistrate Judge for all purposes including trial. (vln) |
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ENDORSED ORDER OF REFERENCE re: #9 Consent - Magistrate Judge Assignment. It is ordered that this case be referred to a United States Magistrate Judge, to conduct all proceedings and order the entry of judgment in accordance with 28 USC 636(c) and Fed.R.Civ.P. 73. The new case designation is: 22-cv-566-AJ. Please show this number with the correct judge designation on all further pleadings. So Ordered by Judge Samantha D. Elliott.(vln)
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| Notice regarding #5 MOTION for Summary Judgment : 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. (vln) |
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Filing 8
ORDER to Transport Marcus Maragh on January 20, 2023 for Show Cause from FCI Berlin. ORDER Signed by Deputy Clerk. (vln)
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Filing 7
ORDER TO SHOW CAUSE. Show Cause Hearing set for 1/20/2023 09:00 AM via ZOOM before US Magistrate Judge Andrea K Johnstone. So Ordered by US Magistrate Judge Andrea K Johnstone.(vln)
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| Filing 6 NOTICE Regarding Summary Judgment. (vln) |
| Filing 5 MOTION for Summary Judgment filed by FCI Berlin, Warden. Attorney Heather A Cherniske added to party FCI Berlin, Warden(pty:res).Follow up on Objection on 2/13/2023. 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 Memorandum of Law in Support of its Motion for Summary Judgment, #2 Exhibit A-Rouleau declaration, #3 Attachment to Exhibit 1-Sentence Computation, #4 Attachment to Exhibit 2-Admission Release History, #5 Attachment to Exhibit 3-Detainer, #6 Attachment to Exhibit 4-Program Statement 5410.01)(Cherniske, Heather) |
| Filing Fee paid: $ 5 (Credit Card), receipt number 297 by Marcus Maragh re: #1 Petition for Writ of Habeas Corpus - 2241. (mc) |
| Filing 4 Return of Service Executed as to FCI Berlin, Warden by Marcus Maragh. Served/Mailed on 1/3/2023. Answer Follow Up on 1/24/2023. (vln) |
| SERVICE BY CLERK: Copies mailed via certified mail, return receipt requested to FCI Berlin, Warden per #3 Order Directing Service.(vln) |
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Filing 3
ORDER Directing Clerk to Make Service. So Ordered by US Magistrate Judge Andrea K Johnstone.(vln)
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| 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 2/28/2023. (ed) |
| Filing 1 Emergency Motion for Writ of Habeas Corpus under 28 USC 2241. filed by Marcus Maragh. (ed) |
| 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.(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) |
| Case assigned to Judge Samantha D. Elliott. The case designation is: 1:22-cv-566-SE. Please show this number with the judge designation on all future pleadings. (ed) |
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| Petitioner: Marcus Maragh | |
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| Respondent: FCI Berlin, Warden | |
| Represented By: | Heather A Cherniske |
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