Rivas-Mero v. FCI Berlin, Warden
| Hector Geovanny Rivas-Mero |
| FCI Berlin, Warden |
| 1:2023cv00072 |
| February 2, 2023 |
| US District Court for the District of New Hampshire |
| Samantha D Elliott |
| Andrea K Johnstone |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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| Filing 8 MOTION for Summary Judgment filed by FCI Berlin, Warden.Follow up on Objection on 4/3/2023. 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 Sentence Computation, #4 Attachment to Exhibit Admission Release History, #5 Attachment to Exhibit Detainer, #6 Exhibit Hyde Declaration, #7 Attachment to Exhibit Final Order of Removal, #8 Exhibit Magnusson Declaration, #9 Attachment to Exhibit Administrative Remedy)(Cherniske, Heather) |
| Filing 7 Return of Service Executed as to FCI Berlin, Warden (USAG). Served/Mailed on 2/8/2023.(bf) |
| Minute Entry for proceedings held before US Magistrate Judge Andrea K Johnstone. SHOW CAUSE HEARING held on 2/10/2023. Matter taken under advisement. Report and recommendation to issue. (Petitioner: Hector Geovanny Rivas-Mero) (Respondent's Atty: Heather Cherniske) (Tape #11:24)(Total Hearing Time: 23 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 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 Exhibit (Affidavit) B - Hyde Declaration, #6 Attachment to Exhibit B1 - Final Order of Removal)(Cherniske, Heather) |
| Filing Fee paid - $ 5 (Credit Card), receipt number 391. (ed) |
Filing 5
CORRECTED ORDER to Transport Hector Geovanny Rivas-Mero on February 10, 2023 for Show Cause from FCI Berlin. ORDER Signed by Magistrate Judge Andrea K. Johnstone.(vln)
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Filing 4
ORDER to Transport Hector Geovanny Rivas-Mero 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) |
| SERVICE BY CLERK: Copies mailed via certified mail, return receipt requested to FCI Berlin, Warden.(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.(vln)
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| 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 3/31/2023. (mc) |
| 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. (mc) |
| Filing 1 Emergency Petition for Writ of Habeas Corpus under 28 USC 2241 filed by Hector Geovanny Rivas-Mero.(mc) |
| 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. (mc) |
| Case assigned to Judge Samantha D. Elliott. The case designation is: 1:23-cv-72-SE. Please show this number with the judge designation on all future pleadings. (mc) |
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| Petitioner: Hector Geovanny Rivas-Mero | |
| Represented By: | Donald A. Kennedy |
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| Respondent: FCI Berlin, Warden | |
| Represented By: | Heather A Cherniske |
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