Pinto-Franceschi v. FCI Berlin, Warden
| Rafael Pinto-Franceschi |
| FCI Berlin, Warden |
| 1:2023cv00039 |
| January 23, 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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| Filing 10 NOTICE of Mail Returned- Vacant - Unable to Forward re #7 Order.(bf) |
| Filing 9 Return of Service Executed as to FCI Berlin, Warden (USAG). Served/Mailed on 2/7/2023.(bf) |
| Filing 8 JUDGMENT is hereby entered in accordance with #7 Order. Signed by Daniel J. Lynch, Clerk of Court. (Case Closed). (de) |
Filing 7
/// ORDER. The Court directs as follows:the Petition is GRANTED. See Komando v. Luna, No. 22-cv-425-SE, 2023 U.S. Dist. LEXIS 11477, 2023 WL 310580 (D.N.H. Jan. 13, 2023) (Report and Recommendation), approved sub. nom., Komando v. FCI Berlin, Warden, 2023 U.S. Dist. LEXIS 19054, 2023 WL 1782034 (D.N.H. Feb. 6, 2023).The Petitioner is to be immediately released from BOP custody upon time-served. So Ordered by Chief Judge Landya B. McCafferty.(de)
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| Deadline terminated: Show Cause Hearing 02/10/2023 cancelled re: Order for Release. (de) |
| Filing 6 RESPONSE re #4 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 - August 29, 2022 Risk Assessment, #8 Attachment to Exhibit A7 - November 21, 2022 Risk Assessment, #9 Attachment to Exhibit A8 - January 18, 2023 Risk Assessment)(Cherniske, Heather) |
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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.(vln)
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Filing 5
ORDER to Transport Rafael Pinto-Franceschi on February 10, 2023 for Show Cause from FCI Berlin. ORDER Signed by Deputy Clerk of Court.(vln)
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Filing 4
ORDER Directing Clerk to Make Service and directing transport. So Ordered by US Magistrate Judge Andrea K Johnstone.(vln)
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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.(vln) |
| Filin Fee Paid Fee paid: $ 5.00 (Credit Card), receipt number 364 by Rafael Pinto-Franceschi re: #1 Petition for Writ of Habeas Corpus - 2241. (cmp) |
| Filing 3 Addendum to #1 Petition for Writ of Habeas Corpus - 2241 by Rafael Pinto-Franceschi. (Attachments: #1 Attachment)(vln) |
| Filing 2 NOTICE - Filing Fee Omitted and Signature page of Petition to be completed. 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) |
| 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) |
| 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.(cmp) |
| Case assigned to Chief Judge Landya B. McCafferty. The case designation is: 1:23-cv-00039-LM. Please show this number with the judge designation on all future pleadings. (cmp) |
| Filing 1 EMERGENCY Petition for Writ of Habeas Corpus under 28 USC 2241. (Filing fee $ 5 NOT PAID) filed by Rafael Pinto-Franceschi.(cmp) |
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| Petitioner: Rafael Pinto-Franceschi | |
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| Respondent: FCI Berlin, Warden | |
| Represented By: | Heather A Cherniske |
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