Ortiz v. FCI Berlin, Warden
| Bautista Ortiz Nixon Javier and Nixon Javier Bautista Ortiz |
| FCI Berlin, Warden |
| 1:2023cv00088 |
| February 6, 2023 |
| US District Court for the District of New Hampshire |
| Andrea K Johnstone |
| Joseph N Laplante |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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| Filing 9 NOTICE of Mail Returned- ICE Detainer - Removed re #8 Judgment, #7 Order on Motion to Dismiss, Order on Report and Recommendation.(bf) |
| Filing 8 JUDGMENT is hereby entered in accordance with Report and Recommendation and #7 Order on Report and Recommendation. Signed by Daniel J. Lynch, Clerk of Court. (Case Closed) (jb) |
Filing 7
///ORDER approving Report and Recommendation granting #4 Motion to Dismiss. So Ordered by Judge Joseph N. Laplante.(jb)
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| Filing 6 NOTICE of Mail Returned- Refused - Unable to Forward re REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus - 2241, #4 Motion to Dismiss, recommending granted. (bf) (bf). |
| Filing 5 Return of Service Executed as to FCI Berlin, Warden (USAG). Served/Mailed on 2/16/2023.(bf) |
| ///ENDORSED REPORT AND RECOMMENDATION #4 Motion to Dismiss #1 Petition for Writ of Habeas Corpus - 2241. Text of Order: In this case, the petitioner filed a petition for a writ of habeas corpus under 28 U.S.C. 2241, asserting that he had earned time credits under the First Step Act (FSA) and that the Bureau of Prisons (BOP) had refused to apply those time credits to his sentence. Petitioner asserted that with the FSA time credits properly applied to his sentence, his correct release date would be February 21, 2023. The respondent has filed a motion to dismiss (Doc. No. #4 ) the petition as moot on the basis that the Bureau of Prisons (BOP) has applied the petitioner's earned time credits to his sentence as he requested in his petition, and released the petitioner on February 21, 2023, based on a February 6, 2023 amendment to its policy implementing the FSA, Program Statement 5410.01. The respondent has filed, with his motion, a declaration and a BOP document stating that the petitioner was released on February 21, 2023. Further, the BOP's online inmate locator indicates the petitioner was in fact released on February 21, 2023. As the petitioner has obtained the relief he sought, and there is no further relief the Court could grant him to redress the claims in his petition, the District Judge should grant the motion to dismiss (Doc. No. #4 ) and dismiss the petition (Doc. No. #1 ) as moot. Any objections to this Report and Recommendation must be filed within fourteen days of receipt of this notice. See Fed. R. Civ. P. 72(b)(2). The fourteen-day period may be extended upon motion. Failure to file any objection within the specified time waives the right to appeal the district court's order. See Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168 (1st Cir. 2016). Only those issues raised by the objection(s) to this Report and Recommendation are subject to review in the district court and those not preserved by such objection are precluded on appeal. Id. (citations omitted). So Ordered by US Magistrate Judge Andrea K Johnstone. Follow up on Objections to R&R on 3/8/2023.(jb) |
| Filing 4 MOTION to Dismiss for Mootness filed by FCI Berlin, Warden. Attorney Heather A Cherniske added to party FCI Berlin, Warden(pty:res).Follow up on Objection on 3/7/2023. 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 Exhibit Declaration of Maury Yeakel, #2 Attachment to Exhibit)(Cherniske, Heather) |
| Filing 3 Return of Service Executed as to FCI Berlin, Warden. Served/Mailed on 2/13/2023.(bf) |
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Filing 2
ORDER Directing Clerk to Make Service. Petitioner's name to be corrected on docket as outlined. Clerk to deliver copies to USAO for the District of NH and to send certified copies to FCI Berlin, Warden and Attorney General of the United States. Answers as outlined.ORDER TO SHOW CAUSE. The Warden is directed to show cause as outlined by February 21, 2023. So Ordered by US Magistrate Judge Andrea K Johnstone. Follow up on Show Cause Response on 2/21/2023. (jb)
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| NOTICE - Filing Fee Omitted. Either the $5.00 filing fee or an application to proceed without fees or costs must be submitted within 60 days. The court does not accept personal checks. If proceeding without prepayment of fees or costs is sought the court needs: Application to Proceed Without Prepayment of Fees or Costs and Certificate of Custodial Institution.Compliance Deadline set for 4/10/2023.(cmp) |
| SERVICE BY CLERK: Copies delivered to United States Attorney's Office for the District of New Hampshire; Copies mailed via certified mail, return receipt requested to FCI Berlin, Warden and Attorney General of the United States per #2 Order Directing Service.(jb) |
| Filing 1 EMERGENCY Petition for Writ of Habeas Corpus under 28 USC 2241. (Filing fee $ 5 NOT PAID) filed by Bautista Ortiz Nixon Javier. (Attachments: #1 Appendix, #2 Exhibit Computation Data)(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) |
| 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. Compliance Deadline set for 3/8/2023.(cmp) |
| Case assigned to Judge Joseph N. Laplante. The case designation is: 1:23-cv-00088-JL. Please show this number with the judge designation on all future pleadings. (cmp) |
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