Lynn v. United States of America
Petitioner: John Buford Lynn
Respondent: United States America and L.B. Kelly
Case Number: 5:2024hc02131
Filed: July 16, 2024
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Terrence W Boyle
Referring Judge: Robert B Jones
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (Federal)
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 3, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 3, 2024 Filing 20 Roseboro Letter - Right to Respond regarding #16 MOTION for Summary Judgment sent to John Buford Lynn 26545-017 at Butner Medium II - F.C.I. Responses due by 9/24/2024. (Hardy, Shari)
September 3, 2024 Filing 19 Appendix to the Statement of Facts regarding #16 MOTION for Summary Judgment filed by L.B. Kelly, United States America. (Attachments: #1 Declaration of Jon McEvoy, #2 Attachment 1 - Portion of Presentence Investigation Report, #3 Attachment 2 - Jail Credit Memo (05/02/23), #4 Attachment 3 - Docket, 19-58 (N.D. Fla.), #5 Attachment 4 - Federal Writ, 19-58 (09/03/19), #6 Attachment 5 - USM 129 Report, #7 Attachment 6 - Federal Judgment, 19-58 (09/29/20), #8 Attachment 7 - Florida Judgment, 19-158 (08/29/22), #9 Attachment 8 - Florida Judgment 19-185 (09/08/22), #10 Attachment 9 - Federal Detainer, #11 Attachment 10 - Order, 19-58 (N.D. Fla. June 8, 2023), #12 Attachment 11 - Florida DOC Notification of Release (02/12/24), #13 Attachment 12 - Florica DOC Information, #14 Attachment 13 - Public Information Inmate Data (08/28/24), #15 Attachment 14 - BOP PS 5880.28, pgs. 1-12 to 1-14, #16 Attachment 15 - BOP Memorandum (05/02/23), #17 Attachment 16 - BOP PS 5880.28, pg. 1-20B, #18 Attachment 17 - BOP PS 5880.28, pgs. 1-21 to 1-23A, #19 Attachment 18 - Willis/Kayfez Worksheet (08/29/24), #20 Attachment 19 - Administrative Remedy Report) (Kelley, Christina)
September 3, 2024 Filing 18 Statement of Material Facts regarding #16 MOTION for Summary Judgment filed by L.B. Kelly, United States America. (Kelley, Christina)
September 3, 2024 Filing 17 Memorandum in Support regarding #16 MOTION for Summary Judgment filed by L.B. Kelly, United States America. (Kelley, Christina)
September 3, 2024 Filing 16 MOTION for Summary Judgment filed by L.B. Kelly, United States America. (Kelley, Christina)
August 15, 2024 Filing 15 Notice of Appearance filed by Christina A. Kelley on behalf of L.B. Kelly, United States America. (Kelley, Christina)
August 13, 2024 Filing 14 Letter sent to U.S. Attorney with Petition for Writ of Habeas Corpus. Answers due by 9/3/2024. (Hardy, Shari)
August 13, 2024 Opinion or Order Filing 13 ORDER - The Clerk of Court is DIRECTED to maintain management of the matter. Because respondent has not yet been served with the petition, petitioner's motion for summary judgment (DE 2) is DENIED as PREMATURE. Signed by District Judge Terrence W. Boyle on 8/13/2024. Copy of Order sent to Petitioner via US Mail. (Hardy, Shari)
July 31, 2024 Filing 12 Prisoner Trust Fund Account Statement by John Buford Lynn (Hardy, Shari)
July 31, 2024 Filing 11 Document: Application to Proceed in District Court Without Prepayment Fees or Costs filed by L.B. Kelly. Filing Fee previously paid. (Hardy, Shari)
July 31, 2024 Filing 10 PETITION for Writ of Habeas Corpus filed by John Buford Lynn. (Attachments: #1 Exhibit, #2 Envelope) (Hardy, Shari)
July 30, 2024 Filing 9 Document: Statement filed by John Buford Lynn. This was received in the Northern District of Florida on 7/23 and forwarded to us on the same day. (Attachments: #1 Cover Letter from the Northern District of Florida, #2 Petitioner's Envelope, #3 Florida's Envelope) (Hardy, Shari)
July 29, 2024 Filing fee: $5.00, receipt number 500011721. (Indig, A.)
July 29, 2024 Case Submitted to District Judge Terrence W. Boyle for petition review. (Hardy, Shari)
July 18, 2024 Opinion or Order Filing 8 ORDER OF DEFICIENCY - The petition is not on the forms prescribed for use by this court and the filing fee of $5.00 was not received or application to proceed without payment of fees and affidavit was not submitted. Responses due by 8/8/202. Signed by Magistrate Judge Robert B. Jones, Jr. on 7/18/2024. Copy of Order and form sent to petitioner via US Mail (Hardy, Shari)
July 17, 2024 Filing 7 Letter regarding case opening sent via US Mail to ohn Buford Lynn 26545-017 at Butner Medium II - F.C.I. (Hardy, Shari)
July 16, 2024 Filing 6 Case transferred in from District of Florida Northern. Case Number 4:24-cv-00253. transfer order and docket sheet obtained from transferring district.
July 16, 2024 Opinion or Order Filing 5 ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION - The report and recommendation, ECF No. #4 , is accepted and adopted as this Court's opinion. The Clerk shall TRANSFER this case to the United States District Court for the Eastern District of North Carolina and close the file. Signed by CHIEF JUDGE MARK E WALKER on 7/16/2024. (baf) [Transferred from Florida Northern on 7/16/2024.]
June 25, 2024 Filing 4 REPORT AND RECOMMENDATION re #2 MOTION for Immediate Release - It is recommended: The clerk be directed to transfer this case to the United States District Court for the Eastern District of North Carolina. R&R flag set. Signed by MAGISTRATE JUDGE MIDORI A LOWRY on 6/25/2024. Internal deadline for referral to district judge if objections are not filed earlier: 7/23/2024. (kdm) [Transferred from Florida Northern on 7/16/2024.]
June 25, 2024 Filing 3 Notice to Pro Se. Mailed to : JOHN BUFORD LYNN, #26545-017, FEDERAL CORRECTIONAL INSTITUTION, PO BOX 1500, BUTNER, NC 27509. (kdm) [Transferred from Florida Northern on 7/16/2024.]
June 25, 2024 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MIDORI A LOWRY notified that action is needed Re: #2 MOTION for Immediate Release. Referred to MIDORI A LOWRY. (kdm) [Transferred from Florida Northern on 7/16/2024.]
June 24, 2024 Filing 2 MOTION for Immediate Release by JOHN BUFORD LYNN. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (kdm) [Transferred from Florida Northern on 7/16/2024.]
June 24, 2024 Opinion or Order Filing 1 ORDER AMENDING CASE ASSIGNMENT. Case reassigned to MAGISTRATE JUDGE MIDORI A LOWRY for all further proceedings. MAGISTRATE JUDGE MICHAEL J FRANK no longer assigned to case. Signed by CHIEF JUDGE MARK E WALKER on 11/14/2022. (rcb)**PLEASE USE THE NEW JUDGE'S INITIALS IN 4:24-CV-523-MW-MAL** [Transferred from Florida Northern on 7/16/2024.]

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Petitioner: John Buford Lynn
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Respondent: United States America
Represented By: Christina A. Kelley
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Respondent: L.B. Kelly
Represented By: Christina A. Kelley
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