Stephenson v. FCI Berlin, Warden
| Omar Stephenson |
| FCI Berlin, Warden |
| 1:2023cv00034 |
| January 20, 2023 |
| US District Court for the District of New Hampshire |
| Andrea K Johnstone |
| Landya B McCafferty |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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This docket was last retrieved on March 7, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 14 NOTICE of Mail Returned- Refused - Unable to Forward re Minute Entry re: Show Cause Hearing.(bf) |
| Filing 13 JUDGMENT is hereby entered in accordance with #10 Order. Signed by Daniel J. Lynch, Clerk of Court. (Case Closed) (kad) |
| CJA 20 Payment Information. Authorization given to pay counsel for representation under the Criminal Justice Act in the following amount. Donald Kennedy: $590.40. (mp) |
Filing 12
ORDER re procedure for release of petitioner on February 13, 2023. So Ordered by US Magistrate Judge Andrea K Johnstone.(jb)
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| Filing 11 CONSENT to Jurisdiction by US Magistrate Judge for all purposes. (de) |
| Filing 10 ///ORDER granting #1 Emergency Motion for Habeas Corpus under 28 USC 2241. Petitioner is to be released from BOP custody on February 13, 2023, upon time-served. So Ordered by US Magistrate Judge Andrea K Johnstone.(jb) |
| ENDORSED ORDER. Text of Order: Attorney Donald Kennedy is appointed as CJA counsel for the duration of today's proceedings only. 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 2/10/2023. The parties consented to the magistrate judge. For the reasons stated on the record petitioner shall be released on 2/13/2023 upon time served. Order to issue. (Pltfs Atty: Omar Stephenson) (Defts Atty: Heather Cherniske) (Tape #12:09, 1:02, 3:51)(Total Hearing Time: 38 min.) (kad) |
| Filing 9 RESPONSE re #3 Order Directing Service, filed by FCI Berlin, Warden. (Attachments: #1 Exhibit (Affidavit) A - Rouleau Declaration, #2 Attachment to Exhibit A1 - Sentence Computation, #3 Attachment to Exhibit A2 - Admission-Release History, #4 Attachment to Exhibit A3 - Detainer, #5 Attachment to Exhibit A4 - Updated Program Statement, #6 Attachment to Exhibit A5 - FSA Time Credit Assessment, #7 Attachment to Exhibit A6 - Unit Team Log, #8 Attachment to Exhibit A7 - 4/17/22 Risk Assessment, #9 Attachment to Exhibit A8 - 9/30/22 Risk Assessment, #10 Attachment to Exhibit A9 - 1/1/23 Risk Assessment)(Cherniske, Heather) |
| ENDORSED ORDER granting #6 Motion to Extend Time to February 7, 2023 to respond to the Court's Order (DN 3). Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone.(de) |
| ENDORSED ORDER granting #8 Motion to Continue Filing Deadline. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone.(de) |
| Filing 8 MOTION to Continue Filing Deadline filed by FCI Berlin, Warden.Follow up on Objection on 2/21/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Cherniske, Heather) |
| Filing 7 Notice of Withdrawal of Motion: #5 MOTION to Continue Show Cause Hearing .(Cherniske, Heather) |
| Motion terminated: #5 MOTION to Continue Show Cause Hearing filed by FCI Berlin, Warden - WITHDRAWN. (de) |
| Filing 6 MOTION to Extend Time to February 7, 2023 to respond to the Court's Order (DN 3) filed by FCI Berlin, Warden.Follow up on Objection on 2/21/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Cherniske, Heather) |
| Filing 5 WITHDRAWN. MOTION to Continue Show Cause Hearing filed by FCI Berlin, Warden. Attorney Heather A Cherniske added to party FCI Berlin, Warden(pty:res).Follow up on Objection on 2/21/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Cherniske, Heather) Modified on 2/7/2023 to add: WITHDRAWN. (de). |
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Filing 4
ORDER to Transport Omar Stephenson on February 10, 2023 for Show Cause Hearing from FCI Berlin. ORDER Signed by Daniel J. Lynch, Clerk of Court.(kad)
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| NOTICE of Hearing. Show Cause Hearing set for 2/10/2023 09:00 AM before US Magistrate Judge Andrea K Johnstone.(kad) |
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Filing 3
ORDER Re: Service and Scheduling Show Cause Hearing. The district judge has designated the magistrate judge to conduct a hearing in this matter. The undersigned magistrate judge will hold a show cause hearing in this matter on Friday, February 10, 2023, at 9:00 a.m. So Ordered by US Magistrate Judge Andrea K Johnstone.(de)
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ENDORSED ORDER. Text of Order: The Magistrate Judge is designated to conduct a hearing in this matter, including an evidentiary hearing, under 28 U.S.C. 636(b)(1)(B). So Ordered by Chief Judge Landya B. McCafferty.(de)
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| Filing Fee paid: $ 5 (Credit Card), receipt number 356 by Omar Stephenson re: #1 Petition for Writ of Habeas Corpus - 2241. (mc) |
| 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 3/20/2023.(ed) |
| Filing 1 Emergency Motion for Habeas Corpus under 28 USC 2241 filed by Omar Stephenson.(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 Chief Judge Landya B. McCafferty. The case designation is: 1:23-cv-34-LM. Please show this number with the judge designation on all future pleadings. (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) |
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| Petitioner: Omar Stephenson | |
| Represented By: | Donald A. Kennedy |
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| Respondent: FCI Berlin, Warden | |
| Represented By: | Heather A Cherniske |
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