Mahoney v. Martin
Petitioner: Brian Edward Mahoney
Respondent: Warden Daniel Martin and UNITED STATES OF AMERICA
Case Number: 5:2021hc02150
Filed: July 15, 2021
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Richard E Myers
Nature of Suit: Prisoner Petitions: Civil Detainee: Conditions of Confinement
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2021 Filing 33 Document in Support regarding #32 MOTION to Transfer Case filed by Brian Edward Mahoney. (Attachments: #1 Envelope) (Lopez, R.)
July 23, 2021 Filing 32 MOTION to Transfer Case filed by Brian Edward Mahoney. (Attachments: #1 Cover Letter, #2 Envelope) (Lopez, R.)
July 23, 2021 Motion Submitted to Chief Judge Richard E. Myers II regarding #32 MOTION to Transfer Case. (Lopez, R.)
July 15, 2021 Filing 31 Letter to petitioner regarding transfer of case and new case number. (Castania, M)
July 15, 2021 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.
July 14, 2021 Opinion or Order 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.]
July 9, 2021 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.]
July 6, 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.]
June 23, 2021 Opinion or Order 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.]
June 22, 2021 Opinion or Order 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.]
June 21, 2021 Filing 24 LETTER from Brian E Mahoney (Attachments: #1 Envelope) (jjs) [Transferred from Oklahoma Western on 7/15/2021.]
June 4, 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.]
May 26, 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.]
May 17, 2021 Opinion or Order 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.]
May 13, 2021 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.]
May 13, 2021 Filing 20 NO PREVIOUS Cases (kah) [Transferred from Oklahoma Western on 7/15/2021.]
May 12, 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.]
May 11, 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.]
May 11, 2021 Opinion or Order 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.]
January 7, 2021 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.]
December 21, 2020 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.]
December 16, 2020 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.]
December 8, 2020 Opinion or Order 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.]
December 7, 2020 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.]
December 1, 2020 Opinion or Order 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.]
November 30, 2020 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.]
November 25, 2020 Opinion or Order 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.]
November 24, 2020 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.]
October 21, 2020 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.]
October 14, 2020 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.]
September 30, 2020 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.]
September 30, 2020 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.]
September 30, 2020 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.]
September 30, 2020 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.]
September 30, 2020 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.]
September 14, 2020 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.]
September 11, 2020 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.]
August 21, 2020 Opinion or Order 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.]
August 11, 2020 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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Petitioner: Brian Edward Mahoney
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Respondent: Warden Daniel Martin
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Respondent: UNITED STATES OF AMERICA
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