Felske v. FCI Berlin, Warden
| David M. Felske |
| FCI Berlin, Warden |
| 1:2023cv00170 |
| March 21, 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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| Document Text |
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| ENDORSED ORDER re #3 Notice Mail Returned re Endorsed Report and Recommendation. Text of Order: The clerk's office is directed to forward the April 12, 2023 Endorsed Report and Recommendation (R&R) to Mr. Felske at his FCI Hazleton address, as indicated in the BOP Online Inmate Locator. Mr. Felske is reminded that he must notify this court when his address changes. See LR 83.6(e). The court extends the deadline for filing an objection to the April 12 R&R until May 15, 2023. So Ordered by US Magistrate Judge Andrea K Johnstone.(jb) |
| Filing 3 NOTICE of Mail Returned - Transferred - Return to Sender - Refused - Unable to Forward re REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus - 2241.(jb) |
| ///ENDORSED REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus - 2241, recommending the district judge should dismiss the case. Follow up on Objections to R&R on 4/26/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). Text of Order: The Order to Show Cause (Doc. No. #2 ) states that the petition appears meritless on its face because the petitioner's most recent PATTERN score remained medium or high. For reasons stated in that Order, to which no response was filed, the district judge should dismiss this case. The clerk should then enter judgment and close the case. Any objections to this Report and Recommendation must be filed within fourteen days of receipt of this notice. The objection period may be extended upon motion. Only those issues raised in the written objections are subject to review in the district court, and any issues not preserved by such objection are precluded on appeal. Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168 (1st Cir. 2016) (citations omitted). So Ordered by US Magistrate Judge Andrea K Johnstone.(jb) |
| Filing Fee paid: $ 5 (Credit Card), receipt number 553. (mc) |
Filing 2
ORDER TO SHOW CAUSE. Petitioner to show cause on or before April 5, 2023 as outlined. If petitioner does not file either a timely response or motion to extend the deadline court may dismiss this petition. Follow up on Show Cause Response on 4/5/2023. So Ordered by Magistrate Judge Andrea K. Johnstone.(jb) Modified on 3/6/2023 to correct judge (jb).
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| Filing 1 Emergency Motion for Habeas Corpus under 28 USC 2241 filed by David M. Felske.(ed) |
| 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. 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 5/2/2023.(ed) |
| 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) |
| Case assigned to Judge Joseph N. Laplante. The case designation is: 1:23-cv-170-JL. Please show this number with the judge designation on all future pleadings. (ed) |
| 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) |
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| Petitioner: David M. Felske | |
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| Respondent: FCI Berlin, Warden | |
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