Fray v. FCI Berlin, Warden
Petitioner: Devon Fray
Respondent: FCI Berlin, Warden
Case Number: 1:2023cv00310
Filed: June 12, 2023
Court: US District Court for the District of New Hampshire
Presiding Judge: Andrea K Johnstone
Referring Judge: Steven J McAuliffe
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal)
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 16, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 8, 2023 Notice regarding #5 MOTION to Dismiss Or, in the alternative, 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. (lw)
July 21, 2023 Filing 6 NOTICE Regarding Summary Judgment.(lw)
July 21, 2023 Filing 5 MOTION to Dismiss Or, in the alternative, Motion for Summary Judgment filed by FCI Berlin, Warden. Attorney Raphael Katz added to party FCI Berlin, Warden(pty:res).Follow up on Objection on 8/4/2023. 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 Robert Rouleau, #3 Attachment to Exhibit A1 - J&C Order, #4 Attachment to Exhibit A2 - Sentence Computation, #5 Attachment to Exhibit A3 - Administrative Remedy Generalized Retrieval)(Katz, Raphael)
July 3, 2023 Filing 4 Return of Service Executed as to US Attorney General. Served/Mailed on 6/28/2023. Answer Follow Up on 8/30/2023. (lw)
June 30, 2023 Filing 3 Return of Service Executed as to FCI Berlin, Warden. Served/Mailed on 6/26/2023. Answer Follow Up on 8/28/2023. (lw)
June 22, 2023 Opinion or Order Filing 2 ORDER Directing Clerk to Make Service. So Ordered by US Magistrate Judge Andrea K Johnstone.(lw)
June 22, 2023 SERVICE BY CLERK: the clerks 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 per #1 Petition for Writ of Habeas Corpus - 2241, #2 Order Directing Service.(lw)
June 22, 2023 Filing Fee paid: $ 5 (Credit Card), receipt number 758 re: Filing Fee Omitted Notice. (ed)
June 12, 2023 Filing 1 Petition for Writ of Habeas Corpus under 28 USC 2241 filed by Fray Devon.(mc)
June 12, 2023 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)
June 12, 2023 Case assigned to Judge Steven J. McAuliffe. The case designation is: 1:23-cv-310-SM. Please show this number with the judge designation on all future pleadings. (mc)
June 12, 2023 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 8/11/2023. (mc)
June 12, 2023 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)

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Petitioner: Devon Fray
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Respondent: FCI Berlin, Warden
Represented By: Raphael Katz
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