Mahoney v. Martin
| Brian Edward Mahoney |
| Warden Daniel Martin and UNITED STATES OF AMERICA |
| 5:2021hc02150 |
| July 15, 2021 |
| US District Court for the Eastern District of North Carolina |
| Richard E Myers |
| Prisoner Petitions: Civil Detainee: Conditions of Confinement |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Filing 33 Document in Support regarding #32 MOTION to Transfer Case filed by Brian Edward Mahoney. (Attachments: #1 Envelope) (Lopez, R.) |
| Filing 32 MOTION to Transfer Case filed by Brian Edward Mahoney. (Attachments: #1 Cover Letter, #2 Envelope) (Lopez, R.) |
| Motion Submitted to Chief Judge Richard E. Myers II regarding #32 MOTION to Transfer Case. (Lopez, R.) |
| Filing 31 Letter to petitioner regarding transfer of case and new case number. (Castania, M) |
| Filing 30 Case transferred in from District of Oklahoma Western. Case Number 5:21-cv-00479. transfer order and docket sheet obtained from transferring district. |
Filing 29
ORDER ADOPTING #26 REPORT AND RECOMMENDATION in its entirety, and this action is TRANSFERRED to the United States District Court for the Eastern District of North Carolina. Signed by Honorable Charles Goodwin on 07/14/2021. (jb) [Transferred from Oklahoma Western on 7/15/2021.]
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| Filing 28 Mail Returned as Undeliverable re #26 REPORT AND RECOMMENDATION as to Brian Edward Mahoney (Attachments: #1 Attachment 1 - Document 26) (jjs) [Transferred from Oklahoma Western on 7/15/2021.] |
| Filing 27 Mail Returned as Undeliverable re #25 Order, as to Brian Edward Mahoney (Attachments: #1 Attachment 1 - Document 25) (jjs) [Transferred from Oklahoma Western on 7/15/2021.] |
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Filing 26
REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus, filed by Brian Edward Mahoney. The undersigned recommends that the interest of justice warrants the transfer of this matter to the United States District Court for the Eastern District of North Carolina. Objections to R&R due by 7/7/2021. Adoption of this Report and Recommendation will moot the Court's orders to cure deficiency, Docs. #22 , #25 . This Report and Recommendation disposes of all issues and terminates the referral to the Magistrate Judge. Signed by Magistrate Judge Suzanne Mitchell on 6/23/21. (lb) [Transferred from Oklahoma Western on 7/15/2021.]
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Filing 25
ORDER to Cure Deficiency. The Court sua sponte extends Petitioner's deadline to cure. Plaintiff must either pay the $5.00 filing fee or apply for in forma pauperis status by 7/6/21. Signed by Magistrate Judge Suzanne Mitchell on 6/22/21. (lb) [Transferred from Oklahoma Western on 7/15/2021.]
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| Filing 24 LETTER from Brian E Mahoney (Attachments: #1 Envelope) (jjs) [Transferred from Oklahoma Western on 7/15/2021.] |
| Notice of Mailing LCvR5.4/Change of Address form #21 , #22 and blank IFP form to Brian Edward Mahoney #12232-049 BUTNER-FMC P O Box 1600 Butner, NC 27509 (jjs) [Transferred from Oklahoma Western on 7/15/2021.] |
| Filing 23 Mail Returned as Undeliverable re #22 Order, a blank Application for Leave to Proceed In Forma Pauperis, as to Brian Edward Mahoney. (Attachments: #1 Envelope) (jjs) [Transferred from Oklahoma Western on 7/15/2021.] |
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Filing 22
ORDER to Cure Deficiency by 6/7/21. Signed by Magistrate Judge Suzanne Mitchell on 5/17/21. (lb) [Transferred from Oklahoma Western on 7/15/2021.]
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| Filing 21 ENTER ORDER REFERRING CASE to Magistrate Judge Suzanne Mitchell. Signed by the direction of Honorable Charles Goodwin on 5/13/2021. (kah) [Transferred from Oklahoma Western on 7/15/2021.] |
| Filing 20 NO PREVIOUS Cases (kah) [Transferred from Oklahoma Western on 7/15/2021.] |
| Filing 19 Case transferred in from District of Rhode Island; Case Number 1:20-cv-00349. [Transferred from Oklahoma Western on 7/15/2021.] |
| Filing 18 Letter from Brian Mahoney. Docket sheet mailed on 5/11/2021. (Attachments: #1 Envelope) (Potter, Carrie) [Transferred from Rhode Island on 5/12/2021.] [Transferred from Oklahoma Western on 7/15/2021.] |
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TEXT ORDER denying without prejudice #4 Motion to Dismiss, #7 Motion for Extension of Time to File Response/Reply, #12 Motion for TRO, and #15 Motion for Default Judgment for lack of jurisdiction under 28 U.S.C. 2241 because the Petitioner is no longer physically present in this jurisdiction. As stated in #16 Status Report from the Government, Petitioner was transferred out of Rhode Island from the Wyatt Detention Facility to Federal Medical Center Butner in North Carolina. Petitioner has since notified this Court that he was transferred from North Carolina to Grady County Law Enforcement Center in Oklahoma. See Letter and Envelope, ECF Nos. 17, 17-1. Accordingly, the case shall be transferred to the Western District of Oklahoma, the district where Petitioner is confined. See 28 U.S.C. 2241(a) (limiting district courts' power to grant habeas relief to their respective jurisdictions); Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004) (The plain language of the habeas statute... confirms the general rule that for core habeas petitions challenging present physical confinement, jurisdiction lies in only one district: the district of confinement.). So Ordered by District Judge William E. Smith on 5/11/2021. (Jackson, Ryan) [Transferred from Rhode Island on 5/12/2021.] [Transferred from Oklahoma Western on 7/15/2021.]
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| Filing 17 Letter from Brian Mahoney with change of address to Grady County Law Enforcement Center. (Attachments: #1 Envelope) (Hicks, Alyson) [Transferred from Rhode Island on 5/12/2021.] [Transferred from Oklahoma Western on 7/15/2021.] |
| Filing 16 STATUS REPORT Regarding Departure of Petitioner from the Wyatt Facility by United States of America. (Cunha, Zachary) [Transferred from Rhode Island on 5/12/2021.] [Transferred from Oklahoma Western on 7/15/2021.] |
| Filing 15 MOTION for Default Judgment as to filed by Brian Edward Mahoney. Responses due by 12/30/2020. (Attachments: #1 Envelope)(McGuire, Vickie) [Transferred from Rhode Island on 5/12/2021.] [Transferred from Oklahoma Western on 7/15/2021.] |
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TEXT ORDER: Upon review of the reasons provided in #14 Status Report for the delay of Petitioner's transport, this Court orders the United States to file a supplemental status report on 12/21/2020 confirming that Petitioner has been transported from Wyatt Detention Facility or providing an update as to his transport schedule if transport is not feasible on or before 12/21/2020. So Ordered by District Judge William E. Smith on 12/8/2020. (Jackson, Ryan) [Transferred from Rhode Island on 5/12/2021.] [Transferred from Oklahoma Western on 7/15/2021.]
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| Filing 14 STATUS REPORT Providing Update as to Petitioner's Transfer Date and Status by United States of America. (Cunha, Zachary) [Transferred from Rhode Island on 5/12/2021.] [Transferred from Oklahoma Western on 7/15/2021.] |
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TEXT ORDER granting the request in #13 United States' Response to Court Order to hold in abeyance the United States' time to respond to #12 Petitioner's Motion for a Temporary Restraining Order. The United States is ordered to file a supplemental status report on 12/07/2020 confirming that Petitioner has been transported from Wyatt Detention Facility or providing an update as to his transport schedule if transport is not feasible on or before 12/07/2020. So Ordered by District Judge William E. Smith on 12/1/2020. (Jackson, Ryan) [Transferred from Rhode Island on 5/12/2021.] [Transferred from Oklahoma Western on 7/15/2021.]
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| Filing 13 STATUS REPORT Addressing Schedule for Petitioner's Transfer In Response to This Court's Text Order of 11/25/2020 by United States of America. (Cunha, Zachary) [Transferred from Rhode Island on 5/12/2021.] [Transferred from Oklahoma Western on 7/15/2021.] |
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TEXT ORDER directing Respondent Warden Daniel Martin and the United States of America to respond by 11/30/2020 with information detailing its plan for compliance with the Order of Transfer, ECF No. 372, issued by Judge Patti B. Saris of the District of Massachusetts in 1:13-cv-11530-PBS. So Ordered by District Judge William E. Smith on 11/25/2020. (Simoncelli, Michael) [Transferred from Rhode Island on 5/12/2021.] [Transferred from Oklahoma Western on 7/15/2021.]
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| Filing 12 MOTION for Temporary Restraining Order filed by Brian Edward Mahoney. (Attachments: #1 Letter, #2 Exhibit)(Potter, Carrie) CLERKS NOTE: Remote electronic access to the document has been restricted by the Clerks Office as it contains one or more personal identifiers. [Transferred from Rhode Island on 5/12/2021.] [Transferred from Oklahoma Western on 7/15/2021.] |
| Filing 11 REPLY to Response re #10 Response to Motion, filed by United States of America. (Attachments: #1 Exhibit B- Updated Docket In Pending Case in United States v. Mahoney, 13-CV-11530-PBS (D. Mass.))(Cunha, Zachary) [Transferred from Rhode Island on 5/12/2021.] [Transferred from Oklahoma Western on 7/15/2021.] |
| Filing 10 RESPONSE In Opposition to #4 MOTION to Dismiss Petition for failure to exhaust available alternative remedies and/or as improperly venued, or in the alternative, MOTION to Transfer Case to the District of Massachusetts filed by Brian Edward Mahoney. Replies due by 10/21/2020. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Envelope)(Hicks, Alyson) [Transferred from Rhode Island on 5/12/2021.] [Transferred from Oklahoma Western on 7/15/2021.] |
| Filing 9 SUPPLEMENTAL [Notarized document] by Brian Edward Mahoney in support of #7 MOTION for an Extension of Time to File Response/Reply as to #4 MOTION to Dismiss Petition for failure to exhaust available alternative remedies and/or as improperly venued, or in the alternative, MOTION to Transfer Case to the Distric. (Hicks, Alyson) [Transferred from Rhode Island on 5/12/2021.] [Transferred from Oklahoma Western on 7/15/2021.] |
| Filing 8 NOTICE of Right to Form an Objection by Brian Edward Mahoney (Attachments: #1 Envelope)(Hicks, Alyson) [Transferred from Rhode Island on 5/12/2021.] [Transferred from Oklahoma Western on 7/15/2021.] |
| Filing 7 MOTION for an Extension of Time to File Response/Reply as to #4 MOTION to Dismiss Petition for failure to exhaust available alternative remedies and/or as improperly venued, or in the alternative, MOTION to Transfer Case to the District of Massachusetts filed by Brian Edward Mahoney. Responses due by 10/14/2020. (Attachments: #1 Envelope)(Hicks, Alyson) [Transferred from Rhode Island on 5/12/2021.] [Transferred from Oklahoma Western on 7/15/2021.] |
| Filing 6 Letter from Brian Mahoney (Attachments: #1 Envelope) (Hicks, Alyson) [Transferred from Rhode Island on 5/12/2021.] [Transferred from Oklahoma Western on 7/15/2021.] |
| Filing 5 Letter from Brian Mahoney (Attachments: #1 Envelope) (Hicks, Alyson) [Transferred from Rhode Island on 5/12/2021.] [Transferred from Oklahoma Western on 7/15/2021.] |
| Filing 4 MOTION to Dismiss Petition for failure to exhaust available alternative remedies and/or as improperly venued, or in the alternative,, MOTION to Transfer Case to the District of Massachusetts filed by United States of America. Responses due by 9/28/2020. (Attachments: #1 Exhibit A- Docket In Pending Case in United States v. Mahoney, 13-CV-11530-PBS (D. Mass.))(Cunha, Zachary) [Transferred from Rhode Island on 5/12/2021.] [Transferred from Oklahoma Western on 7/15/2021.] |
| Filing 3 MOTION to Inquire filed by Brian Edward Mahoney. Responses due by 9/25/2020. (Attachments: #1 Envelope)(Potter, Carrie) [Transferred from Rhode Island on 5/12/2021.] [Transferred from Oklahoma Western on 7/15/2021.] |
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Filing 2
ORDER entered directing the State of Rhode Island to respond to #1 PETITION for Writ of Habeas Corpus, filed by Brian Edward Mahoney; State of Rhode Island Response due by 9/21/2020. So Ordered by District Judge William E. Smith on 8/21/2020. (Jackson, Ryan) [Transferred from Rhode Island on 5/12/2021.] [Transferred from Oklahoma Western on 7/15/2021.]
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Brian Edward Mahoney. (Attachments: #1 Exhibit, #2 letter, #3 Envelope)(McGuire, Vickie) (Additional attachment(s) added on 8/12/2020: #4 Exhibit) (McGuire, Vickie). [Transferred from Rhode Island on 5/12/2021.] [Transferred from Oklahoma Western on 7/15/2021.] |
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