Perez Medina v. FCI Berlin, Warden
| Medina Elvio and Elvio Perez Medina |
| FCI Berlin, Warden |
| 1:2023cv00052 |
| January 26, 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 July 28, 2023. A more recent docket listing may be available from PACER.
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| Filing 11 NOTICE Regarding Summary Judgment.(de) |
| Filing 10 BRIEF/MEMORANDUM re: #9 CORRECTED Memorandum of Law by FCI Berlin, Warden(Cherniske, Heather) Modified on 3/2/2023 to add: re: #9 (de). |
| Motion terminated: #7 MOTION for Summary Judgment filed by FCI Berlin, Warden - REFILED, SEE documents 9 and 10. (de) |
| Filing 9 MOTION for Summary Judgment filed by FCI Berlin, Warden.Follow up on Objection on 3/31/2023. 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 Memorandum of Law, #2 Exhibit Rouleau Declaration, #3 Attachment to Exhibit Judgment, #4 Attachment to Exhibit Sentencing Computation, #5 Attachment to Exhibit Admission Release History, #6 Attachment to Exhibit Detainer, #7 Exhibit Hyde Declaration, #8 Attachment to Exhibit Order of Removal, #9 Attachment to Exhibit Decision to Reinstate, #10 Exhibit Declaration of Magnusson, #11 Attachment to Exhibit Administrative Remedy)(Cherniske, Heather) |
| Filing 8 MOTION Motion to Replace Document 7 filed by FCI Berlin, Warden.Follow up on Objection on 3/15/2023. 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 REFILED, See Docs. #9 and #10 . MOTION for Summary Judgment filed by FCI Berlin, Warden.Follow up on Objection on 3/31/2023. 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 Memorandum of Law, #2 Exhibit Declaration of Rouleau, #3 Attachment to Exhibit Amended Judgment, #4 Attachment to Exhibit Sentence Computation, #5 Attachment to Exhibit Admission Release History, #6 Exhibit Hyde Declaration, #7 Attachment to Exhibit Order of Removal, #8 Attachment to Exhibit Order to Reinstate, #9 Exhibit Declaration of Magnusson, #10 Attachment to Exhibit Administrative Remedy)(Cherniske, Heather) Modified on 3/2/2023 to add: REFILED language (de). |
| Filing 6 Return of Service Executed as to FCI Berlin, Warden (USAG). Served/Mailed on 2/7/2023.(bf) |
| Minute Entry for proceedings held before US Magistrate Judge Andrea K Johnstone. SHOW CAUSE HEARING held on 2/10/2023. The court took the matter under advisement. Report and recommendation to issue. (Pltfs Atty: Elvio Perez Medina) (Defts Atty: Heather Cherniske) (Tape #9:18)(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 only. So Ordered by US Magistrate Judge Andrea K Johnstone.(kad) |
| Filing 5 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 - J & C Order, #3 Attachment to Exhibit A2 - Sentence Computation, #4 Attachment to Exhibit A3 - Admission-Release History, #5 Attachment to Exhibit A4 - Detainer, #6 Exhibit (Affidavit) B - Hyde Declaration, #7 Attachment to Exhibit B1 - Order of Removal, #8 Attachment to Exhibit B2 - Notice of Intent/Decision to Reinstate Prior Order)(Cherniske, Heather) |
| Filing Fee paid: $ 5 (Credit Card), receipt number 382 re: #2 Filing Fee Omitted Notice. (ed) |
Filing 4
ORDER to Transport Medina Elvio on February 10, 2023 for Show Cause from FCI Berlin. ORDER Signed by Magistrate Judge Andrea K. Johnstone.(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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| NOTICE of Hearing. Show Cause Hearing set for 2/10/2023 09:00 AM before US Magistrate Judge Andrea K Johnstone.(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 Chief Judge Landya B. McCafferty.(vln)
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| SERVICE BY CLERK: Copies mailed via certified mail, return receipt requested to FCI Berlin, Warden per #3 Order Directing Service.(vln) |
| 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 3/27/2023.(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. 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) |
| Filing 1 Petition for Writ of Habeas Corpus under 28 USC 2241. filed by Medina Elvio.(cmp) |
| Case assigned to Chief Judge Landya B. McCafferty. The case designation is: 1:23-cv-00052-LM. Please show this number with the judge designation on all future pleadings. (cmp) |
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