Arcila v. FCI Berlin, Warden
| Juan Arcila |
| FCI Berlin, Warden |
| 1:2023cv00463 |
| October 10, 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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| Document Text |
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| Filing 10 OBJECTION to #4 MOTION for Summary Judgment filed by Juan Arcila. Follow up on Reply on 12/6/2023. (lw) |
| Filing 9 NOTICE Regarding Summary Judgment.(lw) |
| ENDORSED ORDER RE: #4 MOTION to Dismiss. Text of Order: Upon review, the Court finds that the respondent's Motion to Dismiss or, in the Alternative, for Summary Judgment (Doc. No. 4) is in fact a motion for summary judgment. The Clerk's office is directed to send Petitioner Juan Arcila a copy of the Notice on Summary Judgment. Mr. Arcila is granted until December 29, 2023 to supplement his objection to the motion for summary judgment as necessary, pursuant to Rule 56 of the Federal Rules of Civil Procedure. So Ordered by US Magistrate Judge Andrea K Johnstone.(lw) |
| Filing 8 Return of Service Executed as to US Attorney General. Served/Mailed on 10/27/2023.(lw) |
| Filing 7 SURREPLY to Reply to #4 MOTION to Dismiss filed by Juan Arcila. (lw) |
| Notice regarding #4 MOTION to Dismiss: 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) |
| Filing Fee paid: $ 5 (Credit Card), receipt number 1053 by Juan Arcila re: #1 Petition for Writ of Habeas Corpus - 2241. (mc) |
| Filing 6 REPLY to Objection to Motion re #4 MOTION to Dismiss filed by FCI Berlin, Warden. Surreply due by 11/14/2023. (Attachments: #1 Exhibit (Affidavit) Declaration of Andrea Ferron, #2 Attachment to Exhibit Attachment 1 to Exhibit A, #3 Attachment to Exhibit Attachment 2 to Exhibit A, #4 Attachment to Exhibit Attachment 3 to Exhibit A)(Ollila, Terry) |
| Filing 5 OBJECTION to #4 MOTION to Dismiss filed by Juan Arcila. Follow up on Reply on 11/9/2023. (lw) |
| Filing 4 MOTION to Dismiss filed by FCI Berlin, Warden. Attorney Terry L. Ollila added to party FCI Berlin, Warden(pty:res).Follow up on Objection on 11/8/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law Memorandum of Law in Support of MTD/MFSJ, #2 Exhibit Declaration of Robert Rouleau, #3 Attachment to Exhibit Attachment 1 to Exhibit A, #4 Attachment to Exhibit Attachment 2 to Exhibit A, #5 Attachment to Exhibit Attachment 3 to Exhibit A, #6 Attachment to Exhibit Attachment 4 to Exhibit A)(Ollila, Terry) |
| Filing 3 Return of Service Executed as to FCI Berlin, Warden Served/Mailed on 10/24/2023. Answer Follow Up on 11/7/2023. (lw) |
Filing 2
ORDER Directing Clerk to Make Service. So Ordered by US Magistrate Judge Andrea K Johnstone.(lw)
|
| SERVICE BY CLERK: 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 copies of the same documents to the FCI Berlin Warden and the Attorney General of the United States, by certified mail. Copies mailed via certified mail, return receipt requested to FCI Berlin, Warden per #2 Order Directing Service.(lw) |
| 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 12/11/2023.(mc) |
| Filing 1 Petition for Writ of Habeas Corpus under 28 USC 2241 filed by Juan Arcila. (Attachments: #1 Exhibits A-D12, #2 Memorandum)(mc) |
| Case assigned to Judge Steven J. McAuliffe and US Magistrate Judge Andrea K Johnstone. The case designation is: 1:23-cv-463-SM-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 Arcila | |
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| Respondent: FCI Berlin, Warden | |
| Represented By: | Terry L. Ollila |
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