Alava-Solorzano v. FCI Berlin, Warden
| Alexi Neptali Alava-Solorzano |
| FCI Berlin, Warden |
| 1:2023cv00464 |
| October 10, 2023 |
| US District Court for the District of New Hampshire |
| Joseph N Laplante |
| Talesha Leah Saint-Marc |
| Talesha L Saint-Marc |
| 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 February 26, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| ENDORSED ORDER as to #4 MOTION to Dismiss. Text of Order: The BOP Online Inmate Locator states that the Petitioner, Alexi Neptali Alava-Solorzano, is currently at the Miami RRM facility. Under LR 83.6(e), Mr. Alava-Solorzano is required to notify this court in writing when his address changes. In an abundance of caution, given Mr. Alava-Solorzano pro se status, the Court extends his deadline to object to motion to dismiss (Doc. No. 4) until January 18, 2024. If the petitioner fails to file a response to that motion or this Order by January 18, 2024, this court may dismiss his 2241 petition, without prejudice, for failure to prosecute. The clerk's office is directed to send a courtesy copy of this Order and the docket sheet to the petitioner at Miami RRM and to update the docket with his Miami RRM address. So Ordered by US Magistrate Judge Talesha L. Saint-Marc. (Follow up on Objection on 1/18/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).) (ko) |
| Notice regarding #4 MOTION to Dismiss: Pursuant to Local Rule 72.1, this motion has been referred to Magistrate Judge Talesha L. Saint-Marc 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. (ko) |
| Filing 5 Return of Service Executed as to FCI Berlin, Warden Served/Mailed on 10/29/2023.(ko) |
| Filing 4 MOTION to Dismiss filed by FCI Berlin, Warden. Attorney Michael T. McCormack added to party FCI Berlin, Warden(pty:res).Follow up on Objection on 11/20/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (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- 10/28/23 FSA Sheet, #5 Attachment to Exhibit A3- Program Statement 5410.01, #6 Attachment to Exhibit A4- Program Statement 7310.004, #7 Attachment to Exhibit A5- Destination History, #8 Attachment to Exhibit A6- Conditions of Furlough)(McCormack, Michael) |
| Filing 3 Return of Service Executed as to FCI Berlin, Warden. Served/Mailed on 10/26/2023.(ko) |
Filing 2
ORDER Directing Clerk to Make Service. 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 (14) days of the date of service on the United States Attorney. So Ordered by US Magistrate Judge Talesha Leah Saint-Marc. (ko)
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| SERVICE BY CLERK re #2 Order Directing Service. Copies mailed via certified mail, return receipt requested to FCI Berlin, Warden and USAG. Copy delivered to US Attorney for the District of NH. (ko) |
| Filing 1 Petition for Writ of Habeas Corpus under 28 USC 2241 filed by Alexi Neptali Alava-Solorzano. (Attachments: #1 Memorandum of Law, #2 Exhibit A FSA Time Credit Assessment, #3 Exhibit B Change Notice)(ed) |
| 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.(ed) |
| Case assigned to Judge Joseph N. Laplante and US Magistrate Judge Talesha Leah Saint-Marc. The case designation is: 1:23-cv-464-JL-TSM. Please show this number with the judge designation on all future pleadings. (ed) |
| 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, Certificate of Custodial Institution. Compliance Deadline set for 12/11/2023.(ed) |
| 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. (ed) |
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| Petitioner: Alexi Neptali Alava-Solorzano | |
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| Respondent: FCI Berlin, Warden | |
| Represented By: | Michael T. McCormack |
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