Diaz v. FCI Berlin, Warden
| Cesar Diaz |
| FCI Berlin, Warden |
| 1:2023cv00038 |
| January 23, 2023 |
| US District Court for the District of New Hampshire |
| Samantha D Elliott |
| Andrea K Johnstone |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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This docket was last retrieved on February 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 14 JUDGMENT is hereby entered in accordance with Endorsed Order on Motion to Dismiss. Signed by Daniel J. Lynch, Clerk of Court. (Case Closed) (js) |
///ENDORSED ORDER granting #13 Motion to Dismiss for Mootness. Text of Order: The motion to dismiss (doc. no. 13) is granted. The clerk of court shall enter judgment and close the case. So Ordered by Judge Samantha D. Elliott.(js)
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| Filing 13 MOTION to Dismiss for Mootness filed by FCI Berlin, Warden.Follow up on Objection on 3/10/2023. 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) |
| CJA 20 Payment Information. Authorization given to pay counsel for representation under the Criminal Justice Act in the following amount. Donald Kennedy: $754.40. (mp) |
| ENDORSED ORDER - Text of Order: The respondent has filed documentation with the Court indicating that there are no barriers to Petitioner Cesar Diaz having his First Step Act time credits applied to his sentence, and that Mr. Diaz will therefore be released from BOP custody on February 18, 2023. Accordingly, the February 17, 2023 show cause hearing is cancelled. If Mr. Diaz is not released on February 18, 2023, either to his term of supervised release or to ICE custody pursuant to his detainer, he may file a motion seeking appropriate relief from the Court. Upon confirming that Mr. Diaz was released from BOP custody, the respondent should seek dismissal of the petition in this case, within thirty days of the date of Mr. Diaz's release, on the basis that Mr. Diazs release renders the petition moot. So Ordered by US Magistrate Judge Andrea K Johnstone.(lw) |
| Filing 12 RESPONSE re Notice of Hearing filed by FCI Berlin, Warden. (Attachments: #1 Exhibit (Affidavit) A - Declaration of Maury Yeakel, #2 Attachment to Exhibit A1 - Sentence Computation, #3 Attachment to Exhibit A2 - 2/11/23 FSA Assessment Sheet, #4 Attachment to Exhibit A3 - Program Statement)(Cherniske, Heather) |
| Filing 11 Certificate of Disposition by Cesar Diaz.(lw) |
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Filing 10
ORDER to Transport Cesar Diaz on February 17, 2023 for Show Cause Hearing from FCI Berlin. ORDER Signed by Daniel J. Lynch, Clerk of Court.(kad)
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| Filing 9 FINANCIAL AFFIDAVIT re: #8 Motion to Appoint Counsel by Cesar Diaz(kad) |
| Filing 8 MOTION to Appoint Counsel filed by Cesar Diaz.(kad) |
| ENDORSED ORDER approving #8 Motion to Appoint Counsel. Donald Kennedy appointed as counsel for Cesar Dias. Assignment accepted on 2/10/2023. Text of Order: Request approved. Appoint counsel for the limited purpose of responding to the respondent's further briefing and appearing at the 2/17/2023 hearing. So Ordered by US Magistrate Judge Andrea K Johnstone.(kad) |
| NOTICE of Hearing. Show Cause Hearing set for 2/17/2023 11:30 AM before 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. Attorney Kennedy appointed as counsel for Cesar Diaz the purpose of responding to respondent's further briefing and appearing at the 2/17/2023 hearing, subject to the filing and review of the paperwork necessary for appointment. The show cause hearing is continued to 2/17/2023. Respondent to provide further briefing by 2/14/2023. Petitioner's response due by 2/16/2023. (Pltfs Atty: Cesar Diaz) (Defts Atty: Heather Cherniske) (Tape #10:41, 10:55)(Total Hearing Time: 28 min.) (kad) |
| ENDORSED ORDER. Text of Order: Attorney Donald Kennedy is appointed as CJA counsel for the duration of today's proceedings. So Ordered by US Magistrate Judge Andrea K Johnstone.(kad) |
| ENDORSED ORDER taking under advisement re: #7 Motion to Continue Show Cause Hearing. Text of Order: The motion (7) is taken under advisement and will hear argument on the motion at the February 10, 2023 hearing. So Ordered by US Magistrate Judge Andrea K Johnstone.(lw) |
| Filing 7 MOTION to Continue Show Cause Hearing filed by FCI Berlin, Warden.Follow up on Objection on 2/22/2023. 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 6 RESPONSE re #3 Order Directing Service filed by FCI Berlin, Warden. Attorney Heather A Cherniske added to party FCI Berlin, Warden(pty:res). (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 - Program Statement 5410.01, #6 Attachment to Exhibit A5 - FSA Time Credit Assessment, #7 Attachment to Exhibit A6 - Risk Assessment April 28, 2021, #8 Attachment to Exhibit A7 - Risk Assessment September 14, 2022, #9 Attachment to Exhibit A8 - Risk Assessment December 27, 2022)(Cherniske, Heather) |
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Filing 4
ORDER to Transport Cesar Diaz 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) |
| 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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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 Judge Samantha D. Elliott.(lw)
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| Filing 5 Addendum to #1 Petition for Writ of Habeas Corpus - 2241 by Cesar Diaz. (vln) |
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Filing 3
ORDER Directing Clerk to Make Service and directing transport. So Ordered by US Magistrate Judge Andrea K Johnstone.(vln)
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| Filing Fee Fee paid: $ 5 (Credit Card), receipt number 357 by Cesar Diaz re: #1 Petition for Writ of Habeas Corpus - 2241. (cmp) |
| 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. Compliance Deadline set for 3/23/2023.(cmp) |
| Filing 1 EMERGENCY Petition for Writ of Habeas Corpus under 28 USC 2241. (Filing fee $ 5 NOT PAID) filed by Cesar Diaz. (Attachments: #1 Exhibit Attachment)(cmp) |
| 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. (cmp) |
| Case assigned to Judge Samantha D. Elliott. The case designation is: 1:23-cv-00038-SE. Please show this number with the judge designation on all future pleadings. (cmp) |
| NOTICE of Filing - Case filed under 28 U.S.C. 2255 or 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.(cmp) |
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| Petitioner: Cesar Diaz | |
| Represented By: | Donald A. Kennedy |
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| Respondent: FCI Berlin, Warden | |
| Represented By: | Heather A Cherniske |
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