Herrera v. FCI Berlin, Warden
| Juan Herrera |
| FCI Berlin, Warden |
| 1:2023cv00427 |
| September 11, 2023 |
| US District Court for the District of New Hampshire |
| Samantha D Elliott |
| 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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This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Notice regarding #6 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. (vln) |
| Filing 9 Reply to Warden's Response to Court's Order by Juan Herrera (Attachments: #1 Exhibit A - Inmate Request, #2 Exhibit B - Informal Resolution)(vln) |
| Filing 8 OBJECTION to #6 MOTION for Summary Judgment filed by Juan Herrera. Follow up on Reply on 10/27/2023. (vln) |
| Filing 7 NOTICE Regarding Summary Judgment.(vln) |
| Filing 6 MOTION for Summary Judgment filed by FCI Berlin, Warden. Attorney Anna Dronzek added to party FCI Berlin, Warden(pty:res).Follow up on Objection on 10/30/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit (Affidavit) A- Declaration of Robert Rouleau, #3 Attachment to Exhibit A1- Sentence Computation, #4 Attachment to Exhibit A2- Inmate FSA History, #5 Attachment to Exhibit A3- June 2023 Risk Assessent, #6 Attachment to Exhibit A4- Program Statement 5410.01, #7 Attachment to Exhibit A5- Disciplinary History, #8 Attachment to Exhibit A6- Administrative Remedy History)(Dronzek, Anna) |
| Filing 5 Return of Service Executed as to FCI Berlin, Warden (jwb) |
| Filing 4 Return of Service Executed as to US Attorney General, by Juan Herrera. (vln) |
| SERVICE BY CLERK: Copies mailed via certified mail, return receipt requested to FCI Berlin, Warden per #3 Order Directing Service.(vln) |
Filing 3
ORDER Directing Clerk to Make Service. So Ordered by US Magistrate Judge Andrea K Johnstone.(vln)
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ENDORSED ORDER denying #2 Motion for Preliminary Injunction. Text of Order: Petitioner Juan Herrera has filed a motion entitled Motion for Preliminary Injunction (Doc. No. 2). Upon review, the Court finds the motion is more appropriately construed as a motion asking the Court not to enforce the requirement that he exhaust his administrative remedies prior to filing a petition here under 28 U.S.C. 2241. The respondent has not yet appeared in this case, and has not filed a motion to dismiss or sought summary judgment on the basis that Mr. Herrera failed to exhaust his administrative remedies. The Court declines to rule on an issue which is not before it at this time. Accordingly, the motion (Doc. No. 2) is DENIED without prejudice to Mr. Herrera's ability to make the arguments therein should the respondent assert an exhaustion argument in in this case. So Ordered by Judge Samantha D. Elliott.(vln)
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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. 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 11/13/2023.(mc) |
| 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) |
| Filing 2 MOTION for Preliminary Injunction filed by Juan Herrera.(mc) |
| Filing 1 Petition for Writ of Habeas Corpus under 28 USC 2241 filed by Juan Herrera. (mc) |
| Case assigned to Judge Samantha D. Elliott and US Magistrate Judge Andrea K Johnstone. The case designation is: 1:23-cv-427-SE-AJ. Please show this number with the judge designation on all future pleadings. (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) |
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| Petitioner: Juan Herrera | |
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| Respondent: FCI Berlin, Warden | |
| Represented By: | Anna Dronzek |
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