Garcia Suero v. FCI Berlin, Warden
| Domingo Garcia Suero |
| FCI Berlin, Warden |
| 1:2023cv00288 |
| May 24, 2023 |
| US District Court for the District of New Hampshire |
| Andrea K Johnstone |
| Steven J McAuliffe |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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| Filing Fee paid: $ 5 (Credit Card), receipt number 768 re: Filing Fee Omitted Notice. (ed) |
| Filing 4 JUDGMENT is hereby entered in accordance with #3 Order on Endorsed Report and Recommendation. Signed by Daniel J. Lynch, Clerk of Court. (Case Closed) (lw) |
Filing 3
///ORDER approving Endorsed Report and Recommendation by Magistrate Judge Andrea K. Johnstone dated May 25, 2023. The clerk shall enter judgment and close the case. So Ordered by Judge Steven J. McAuliffe.(lw)
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| ENDORSED REPORT AND RECOMMENDATION re: #1 EMERGENCY Petition for Writ of Habeas Corpus - 2241. Given his July 26, 2036 release date, Mr. Garcia Suero is not yet eligible to have his accumulated First Step Act (FSA) credits applied where the credits are not in an amount equal to or greater than the remainder of his imposed term of imprisonment. See Gomez-Carrillo v. Warden, No. 23-cv-177-SM, 2023 WL 3183850, at *2, 2023 U.S. Dist. LEXIS 76137, at *4 (D.N.H. Apr. 13, 2023), R&R adopted, 2023 WL 3179044, 2023 U.S. Dist. LEXIS 74919 (D.N.H. May 1, 2023) (dismissing a 28 U.S.C. 2241 petition without prejudice to petitioners ability to file a new petition if the BOP fails to properly apply earned FSA credits to his sentence when those credits equal (or exceed) the time remaining on his sentence). Accordingly, the district judge should dismiss the petition (Doc. No. 1) without prejudice. 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 objection are subject to review in the district court, and any issues not preserved by such objection(s) are precluded on appeal. See Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168 (1st Cir. 2016) (citations omitted). Follow up on Objections to R&R on 6/8/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). So Ordered by US Magistrate Judge Andrea K Johnstone.(lw) |
| Filing 1 EMERGENCY Petition for Writ of Habeas Corpus under 28 USC 2241. filed by Domingo Garcia Suero.(cmp) |
| 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 and Certificate of Custodial Institution.Compliance Deadline set for 7/24/2023.(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 Steven J. McAuliffe. The case designation is: 1:23-cv-288-SM. Please show this number with the judge designation on all future pleadings. (cmp) |
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| Petitioner: Domingo Garcia Suero | |
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| Respondent: FCI Berlin, Warden | |
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