Phaphonhxay v. FCI Berlin, Warden
| Bounthong Phaphonhxay |
| FCI Berlin, Warden |
| 1:2023cv00273 |
| May 15, 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 denying without prejudice #6 Motion for Appointment of Counsel. Text of Order: The petitioner was released on June 30, 2023. The record before this court does not suggest that the interests of justice warrant an appointment of counsel for this petitioner, who appears capable of asserting claims and making legal arguments that are cogent and clear. The motion for appointment of counsel (Doc. No. 6) is denied without prejudice to refiling if the case is not dismissed when the district judge issues a ruling on Document No. 8. So Ordered by US Magistrate Judge Andrea K Johnstone. (ko) |
| ENDORSED ORDER: The petitioner was released on June 30, 2023. The district judge should grant the respondent's dispositive motion (Doc. No. 8) and dismiss this case as moot, see Francis v. Maloney, 798 F.3d 33, 38 (1st Cir. 2015). 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. Follow up on Objections to R&R on 7/20/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (ko) |
| Filing 8 MOTION to Dismiss for Mootness filed by FCI Berlin, Warden.Follow up on Objection on 7/19/2023. 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 (Affidavit) A- Declaration of Cheryl Magnusson, #2 Attachment to Exhibit A1- Admission-Release History)(Katz, Raphael) |
| Filing 7 Objection re #4 MOTION to Extend Time to Answer to July 5, 2023 filed by Bounthong Phaphonhxay. (ko) |
| Filing 6 MOTION for Appointment of Counsel filed by Bounthong Phaphonhxay.(ko) |
| Filing Fee paid: $ 5 (Credit Card), receipt number 773 by Bounthong Phaphonhxay re: #1 Petition for Writ of Habeas Corpus - 2241. (mc) |
| ENDORSED ORDER granting #4 Motion to Extend Time to Answer re #1 Petition for Writ of Habeas Corpus - 2241. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone. Answer Follow Up on 7/5/2023. (jb) |
| Filing 5 Receipt for Certified mail return receipt requested as to FCI Berlin, Warden. Answer deadline set per #2 Order Directing Service. Served/Mailed on 6/16/2023. Answer Follow Up or Dispositive Motion deadline set for 7/5/2023.(jb) |
| Filing 4 MOTION to Extend Time to Answer to July 5, 2023 filed by FCI Berlin, Warden. Attorney Raphael Katz added to party FCI Berlin, Warden(pty:res).Follow up on Objection on 6/30/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Katz, Raphael) |
| Filing 3 Return of Service Executed as to FCI Berlin, Warden. Served/Mailed on 6/8/2022. .(ko) Modified on 6/17/2023 to remove answer deadline - answer deadline set in #2 Service Order (jb). |
Filing 2
ORDER Directing Clerk to Make Service. So Ordered by US Magistrate Judge Andrea K Johnstone.(ko)
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| 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.The Warden is directed to file a response to the petition (Doc. No. 1) and this Order within fourteen days of the date of service on the United States Attorney.(ko) |
| 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) |
| 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 7/17/2023. (mc) |
| Filing 1 Petition for Writ of Habeas Corpus under 28 USC 2241 filed by Bounthong Phaphonhxay. (Attachments: #1 FSA Time Credit Assessment)(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 Joseph N. Laplante. The case designation is: 1:23-cv-273-JL. Please show this number with the judge designation on all future pleadings. (mc) |
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| Petitioner: Bounthong Phaphonhxay | |
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| Respondent: FCI Berlin, Warden | |
| Represented By: | Raphael Katz |
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