Gonzales v. FCI Berlin, Warden
Petitioner: Mosquera Gonzales Andy and Andy Mosquera Gonzales
Respondent: FCI Berlin, Warden
Case Number: 1:2023cv00062
Filed: January 30, 2023
Court: US District Court for the District of New Hampshire
Presiding Judge: Andrea K Johnstone
Referring Judge: Joseph N Laplante
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal)
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 27, 2023 Filing 11 NOTICE of Mail Returned- Not Deliverable as Addressed - Unable to Forward re #7 Order and #8 Judgment. (bf)
February 13, 2023 Filing 10 Return of Service Executed as to FCI Berlin, Warden. Served/Mailed on 2/8/2023.(bf)
February 8, 2023 Filing 9 Return of Service Executed as to FCI Berlin, Warden Received on 2/6/2023.(jb)
February 8, 2023 Filing 8 JUDGMENT is hereby entered in accordance with #7 Order. Signed by Daniel J. Lynch, Clerk of Court. (Case Closed) (jb)
February 8, 2023 Opinion or Order Filing 7 ///ORDER granting #1 Emergency Petition for Writ of Habeas Corpus - 2241. Petition is GRANTED. Petitioner to be immediately released from BOP custody upon time-served. So Ordered by Judge Joseph N. Laplante.(jb)
February 7, 2023 Filing 6 RESPONSE re #3 Order Directing Service,, Set Deadlines/Hearings, 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 - Program Statement 5410.01, #6 Attachment to Exhibit A5 - FSA Time Credit Assessment, #7 Attachment to Exhibit A6 - Risk Assessment 11/1/21, #8 Attachment to Exhibit A7 - Risk Assessment 5/3/22, #9 Attachment to Exhibit A8 - Risk Assessment 11/3/22)(Cherniske, Heather)
February 7, 2023 ENDORSED ORDER granting #5 Motion to Extend Time to February 7, 2023 to respond to the Court's Order. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone. Compliance Deadline set for 2/7/2023.(ko)
February 6, 2023 Filing 5 MOTION to Extend Time to February 7, 2023 to respond to the Court's Order 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)
January 31, 2023 Opinion or Order Filing 4 ORDER to Transport Andy Mosquera Gonzales on 2/10/2023 for Show Cause Hearing from FCI Berlin. ORDER Signed by Daniel J. Lynch, Clerk of Court.(ko)
January 31, 2023 SERVICE BY CLERK: The clerk's office shall deliver copies of the petition (Doc. No. 1) and this Order to the United States Attorney for the District of New Hampshire, to the attention of the civil process clerk; and send copies of the same documents to the FCI Berlin Warden and the Attorney General of the United States, by certified mail.(ko)
January 31, 2023 Opinion or Order ENDORSED ORDER: Magistrate Judge Andrea K. Johnstone 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 Joseph N. Laplante. (ko)
January 30, 2023 Opinion or Order Filing 3 ORDER Directing Clerk to Make Service. Show Cause Hearing set for 2/10/2023 at 09:00 AM before US Magistrate Judge Andrea K Johnstone. So Ordered by US Magistrate Judge Andrea K Johnstone. (Answer Follow Up on 3/1/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (ko) Modified on 1/31/2023 to correct date filed (ko).
January 30, 2023 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.
January 30, 2023 Filing 1 Emergency Motion for Habeas Corpus under 28 USC 2241. filed by Mosquera Gonzales Andy. (Attachments: #1 Addendum)(ed)
January 30, 2023 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)
January 30, 2023 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)
January 30, 2023 Case assigned to Judge Joseph N. Laplante. The case designation is: 1:23-cv-62-JL. Please show this number with the judge designation on all future pleadings. (ed)

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Petitioner: Mosquera Gonzales Andy
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Petitioner: Andy Mosquera Gonzales
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Respondent: FCI Berlin, Warden
Represented By: Heather A Cherniske
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