Melendez v. FCI Berlin, Warden
| Maynor Melendez |
| FCI Berlin, Warden |
| 1:2023cv00092 |
| March 7, 2023 |
| US District Court for the District of New Hampshire |
| Paul J Barbadoro |
| 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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| Document Text |
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| Filing 13 AFFIDAVIT re #12 Response to Motion filed by Maynor Melendez.(js) |
| Filing 12 RESPONSE to Motion re #7 MOTION for Summary Judgment filed by Maynor Melendez. (js) Modified on 3/31/2023 to update relationship to doc. no. 7 from doc. no. 9 (js). |
| Notice regarding #7 MOTION for Summary Judgment: Pursuant to Local Rule 72.1, this motion has been referred to Magistrate Judge Andrea K. Johnstone for proposed findings of fact and a recommendation as to its disposition. Any such findings and recommendations shall be filed with the Court and a copy shall forthwith be served on all parties. (js) |
| Notice regarding #9 MOTION for Summary Judgment, #7 MOTION for Summary Judgment: Pursuant to Local Rule 72.1, this motion has been referred to Magistrate Judge Andrea K. Johnstone for proposed findings of fact and a recommendation as to its disposition. Any such findings and recommendations shall be filed with the Court and a copy shall forthwith be served on all parties. (js) |
| Filing 11 MOTION for Appointment of Counsel filed by Maynor Melendez. (Attachments: #1 Memorandum in Support)(js) |
| Filing 10 MOTION for Expedited Consideration of Summary Judgment Motion filed by Maynor Melendez. 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).(js) |
| Filing 9 MOTION for Summary Judgment filed by Maynor Melendez. Follow up on Objection on 4/17/2023. 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 Affidavit, #2 Undisputed Facts in Support)(js) |
| Filing 8 NOTICE Regarding Summary Judgment.(js) |
| Filing 7 MOTION for Summary Judgment filed by FCI Berlin, Warden.Follow up on Objection on 4/10/2023. 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, #2 Exhibit (Affidavit) A - Declaration of Maury Yeakel, #3 Attachment to Exhibit A1 - Sentence Computation, #4 Attachment to Exhibit A2 - Detainer, #5 Exhibit (Affidavit) B - Declaration of Keith M. Chan, #6 Attachment to Exhibit B1 - Final Order of Removal)(Dronzek, Anna) |
| Filing Fee paid - case converted to a civil case: $ 5 (Credit Card), receipt number 524. (ed) |
| Filing 6 Emergency Motion Under 28 U.S.C. 2241 for Award of Earned Time Credits filed by Maynor Melendez.Follow up on Objection on 3/9/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(js) |
ENDORSED ORDER REFERRING MOTION to Magistrate Judge Johnstone RE #6 Motion 28 U.S.C. 2241 for Award of Earned Time Credits. 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 Paul J. Barbadoro. (js)
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| Filing 5 Return of Service Executed as to FCI Berlin, Warden (USAG). Served/Mailed on 2/21/2023.(bf) |
| Filing 4 RESPONSE re #2 Order Directing Service, filed by FCI Berlin, Warden. Attorney Anna Dronzek added to party FCI Berlin, Warden(pty:res). (Attachments: #1 Exhibit (Affidavit) Declaration of Maury Yeakel, #2 Attachment to Exhibit A1 - Sentence Monitoring Computation Data, #3 Attachment to Exhibit A2 - Detainer, #4 Exhibit (Affidavit) B - Declaration of ICE Assistant Field Officer Keith M. Chan, #5 Attachment to Exhibit B1 - Final Order of Removal)(Dronzek, Anna) |
| Filing 3 Return of Service Executed as to FCI Berlin, Warden. Served/Mailed on 2/10/2023.(bf) |
| SERVICE BY CLERK: Copies mailed via certified mail, return receipt requested to FCI Berlin, Warden per #2 Order Directing Service.(js) |
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Filing 2
ORDER Directing Clerk to Make Service. The Warden is directed to file an answer or dispositive motion in response to the petition (Doc. No. 1) within thirty days of the date of service on the United States Attorney. So Ordered by US Magistrate Judge Andrea K. Johnstone.(js)
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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) |
| Filing 1 EMERGENCY Petition for Writ of Habeas Corpus under 28 USC 2241. (Filing fee $ 5 - NOT PAID) filed by Maynor Melendez.(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. (cmp) |
| Case assigned to Judge Paul J. Barbadoro. The case designation is: 1:23-cv-00092-PB. Please show this number with the judge designation on all future pleadings. (cmp) |
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| Petitioner: Maynor Melendez | |
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| Respondent: FCI Berlin, Warden | |
| Represented By: | Anna Dronzek |
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