Morose v. FCI Berlin Warden
| Phillip Morose |
| FCI Berlin, Warden |
| 1:2024cv00271 |
| August 29, 2024 |
| US District Court for the District of New Hampshire |
| Concord Office |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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| Filing 8 Case transferred in from District of Massachusetts; Case Number: 1:24-cv-12217. Original file certified copy of transfer order and docket sheet received |
| Filing 7 Copy re #5 Order mailed to Phillip Morose 00980-138 FCI Berlin FEDERAL CORRECTIONAL INSTITUTION P.O. BOX 9000 Berlin, NH 03570 on 8/29/24. (McDonagh, Christina) [Transferred from mad on 8/29/2024.] |
| Filing 6 Case transferred to the District of New Hampshire;. Original file of transfer order and docket sheet sent electronically to Clerk in that district. (McDonagh, Christina) [Transferred from mad on 8/29/2024.] |
| Filing 5 Judge Allison D. Burroughs: ORDER entered. The Clerk shall transfer this action to the United States District Court for the District of New Hampshire. This case shall then be closed on the docket of this court. (PSSA, 4) [Transferred from mad on 8/29/2024.] |
| Filing 4 ELECTRONIC NOTICE of Case Reassignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Kinsella, Jaylannie) [Transferred from mad on 8/29/2024.] |
| Filing 3 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. This court cannot issue dispositive orders without unanimous consent of the parties and therefore orders reassignment of this case to a United States District Judge. Phillip Morose brings a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241. #1 . He is presently in custody within the District of New Hampshire, at FCI Berlin. Because he is not in custody within the District of Massachusetts, the court is without jurisdiction to adjudicate this case. Under 28 U.S.C. 2241, a federal court has the authority to entertain a petition for a writ of habeas corpus brought by a petitioner who is within the court's jurisdiction at the time the petition is filed. See 28 U.S.C. 2241(a); Rumsfeld v. Padilla, 542 U.S. 426, 447 (2004) ("Whenever a [section] 2241 habeas petitioner seeks to challenge his present physical custody within the United States, he should name his warden as respondent and file the petition in the district of confinement."). When the court lacks jurisdiction, it may, in the interest of justice, order the case to be transferred to another court that would have jurisdiction. 28 U.S.C. 1631.(PSSA, 4) [Transferred from mad on 8/29/2024.] |
| Filing 2 NOTICE of Case Assignment. Magistrate Judge M. Page Kelley assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Cowan, Nicole) [Transferred from mad on 8/29/2024.] |
| Filing 1 PETITION for Writ of Habeas Corpus (2241), filed by Phillip Morose. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kelly, Danielle) [Transferred from mad on 8/29/2024.] |
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