CRISP v. RAMOS
| PATRICK LEROY CRISP |
| MR. RAMOS |
| 1:2021cv00821 |
| October 22, 2021 |
| US District Court for the Middle District of North Carolina |
| JOI ELIZABETH PEAKE |
| THOMAS D SCHROEDER |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on December 13, 2021. A more recent docket listing may be available from PACER.
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| CASE REFERRED to CHIEF JUDGE THOMAS D. SCHROEDERRE: #17 RECOMMENDED RULING by MAGISTRATE JUDGE. (Engle, Anita) |
| Filing 20 NOTICE of Attorney Appearance by attorney RANDALL STUART GALYON on behalf of Respondent RAMOS (GALYON, RANDALL) |
| Filing 19 NOTICE by PATRICK LEROY CRISP re #17 RECOMMENDED RULING - MAGISTRATE JUDGE (PLACKE, ERIC) |
| Filing 18 Notice of Mailing Recommendation. Objections to R&R due by 12/7/2021. Objections to R&R for Pro Se due by 12/10/2021. (Taylor, Abby) |
Filing 17
ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 11/23/2021, that First Assistant Federal Public Defender Eric Placke is appointed to represent Petitioner in any further proceedings in this matter and in his criminal case. RECOMMENDED that, in light of the Order of the Eastern District of North Carolina (1:21CV821, Doc. #15 ) granting the Petition under 28 U.S.C. 2241, and in light of the concession by the Government agreeing that Petitioner should be resentenced in this District, Petitioner's criminal Judgment (1:01CR236-1, Doc. #45) should be vacated, and this matter should be set for resentencing.(Taylor, Abby)
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ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 11/23/2021 that First Assistant Federal Public Defender Eric Placke is appointed to represent Petitioner in any further proceedings in this matter and in his criminal case re #17 RECOMMENDED RULING - MAGISTRATE JUDGE. (Taylor, Abby)
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| Filing 16 Case transferred in from District of North Carolina Eastern; Case Number 5:21-hc-02024. Original file certified copy of transfer order and docket sheet received. |
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Filing 15
ORDER - The court GRANTS the instant section 2241 petition [D.E. l] and, because it is in the interest of justice, TRANSFERS for re-sentencing the action to petitioner's criminal case in the United States District Court for the Middle District of North Carolina. Signed by Chief Judge Richard E. Myers II on 10/21/2021. Copy sent to petitioner via US Mail. (Lopez, R.) [Transferred from North Carolina Eastern on 10/22/2021.]
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| CASE REFERRED for Screening (Taylor, Abby) |
| Filing 14 RESPONSE to Petition from Warden Ramos filed by Warden Ramos. (Renfer, Rudy) [Transferred from North Carolina Eastern on 10/22/2021.] |
| Filing 13 Notice of Appearance filed by Rudy E. Renfer on behalf of Warden Ramos. (Renfer, Rudy) [Transferred from North Carolina Eastern on 10/22/2021.] |
| Case Submitted to Chief Judge Richard E. Myers II regarding response to petition. (Lopez, R.) [Transferred from North Carolina Eastern on 10/22/2021.] |
| Filing 12 Letter sent to U.S. Attorney with Petition for Writ of Habeas Corpus. Answers due by 10/21/2021. (Lopez, R.) [Transferred from North Carolina Eastern on 10/22/2021.] |
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Filing 11
ORDER - The court: GRANTS petitioner's motion to reopen the action [D.E. 10]; DIRECTS the clerk to reopen the action; ALLOWS the action to proceed; and DIRECTS the clerk to continue management of the action. Signed by Chief Judge Richard E. Myers II on 9/29/2021. Copy sent to petitioner via US Mail. (Lopez, R.) [Transferred from North Carolina Eastern on 10/22/2021.]
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| Filing 10 MOTION to Reopen Case filed by Patrick Leroy Crisp. (Attachments: #1 Document in Support, #2 Envelope) (Lopez, R.) [Transferred from North Carolina Eastern on 10/22/2021.] |
| Motion Submitted to Chief Judge Richard E. Myers II regarding #10 MOTION to Reopen Case. (Lopez, R.) [Transferred from North Carolina Eastern on 10/22/2021.] |
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Filing 9
Order - the court DIRECTS the clerk to administratively close the instant action pending resolution of petitioner's action in the sentencing court, and further DIRECTS petitioner to inform this court within fourteen (14) days of any such resolution. Signed by Chief Judge Richard E. Myers II on 7/22/2021. Copy mailed to petitioner via US Mail. (Lopez, R.) [Transferred from North Carolina Eastern on 10/22/2021.]
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| Filing 8 Letter from Patrick Crisp requesting courtesy copy of docket sheet. Copy sent via US Mail. (Attachments: #1 Envelope) (Lopez, R.) [Transferred from North Carolina Eastern on 10/22/2021.] |
| Filing fee paid: $5, receipt number RAL083863. (Lopez, R.) [Transferred from North Carolina Eastern on 10/22/2021.] |
| Case Submitted to Chief Judge Richard E. Myers II for initial review. (Lopez, R.) [Transferred from North Carolina Eastern on 10/22/2021.] |
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Filing 7
ORDER granting #6 Motion for Extension of Time as to #3 Order of Deficiency. It is ORDERED that the petitioner, Patrick Leroy Crisp, is allowed up to and including April 12, 2021 in which to file an application to proceed without payment of fees and affidavit or pay the filing fee of $5.00 in the above-captioned case. Signed by Peter A. Moore, Jr., Clerk of Court on 3/17/2021. (Responses due by 4/12/2021.) Copy sent to petitioner at Butner via US Mail. (Lopez, R.) [Transferred from North Carolina Eastern on 10/22/2021.]
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| Filing 6 MOTION for 30 day extension of time to pay filing fee or submit an application to proceed without prepayment of fees as to #3 Order of Deficiency filed by Patrick Leroy Crisp. (Attachments: #1 Envelope) (Lopez, R.) [Transferred from North Carolina Eastern on 10/22/2021.] |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #6 MOTION for 30 day extension of time to pay filing fee or submit an application to proceed without prepayment of fees as to #3 Order of Deficiency. (Lopez, R.) [Transferred from North Carolina Eastern on 10/22/2021.] |
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Filing 5
ORDER granting #4 Motion for Extension of Time. For good cause shown, it is ORDERED that the petitioner, Patrick Leroy Crips, is allowed up to and including March 12, 2021 in which to file an application to proceed without payment of fees and affidavit or pay the filing fee. Signed by Peter A. Moore, Jr., Clerk of Court on 2/26/2021. Copy sent to petitioner via US Mail. (Lopez, R.) [Transferred from North Carolina Eastern on 10/22/2021.]
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| Filing 4 MOTION for Extension of Time of 10 days to pay filing fee. filed by Patrick Leroy Crisp. (Attachments: #1 Envelope) (Lopez, R.) [Transferred from North Carolina Eastern on 10/22/2021.] |
| Motion Referred to US Magistrate Judge Peter A. Moore, Jr., Clerk of Court regarding #4 MOTION for Extension of Time. Motions referred to Peter A. Moore, Jr., Clerk of Court. (Lopez, R.) [Transferred from North Carolina Eastern on 10/22/2021.] |
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Filing 3
ORDER of Deficiency. 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 3/2/2021. Signed by Magistrate Judge Robert B. Jones, Jr. on 2/9/2021. Copy of order and forms mailed to Petitioner via US Mail. (Lopez, R.) [Transferred from North Carolina Eastern on 10/22/2021.]
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| Filing 2 Letter regarding case opening sent via US Mail to Patrick Leroy Crisp at Butner Medium I. (Lopez, R.) [Transferred from North Carolina Eastern on 10/22/2021.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Patrick Leroy Crisp. (Attachments: #1 Memorandum in Support, #2 Envelope) (Lopez, R.) [Transferred from North Carolina Eastern on 10/22/2021.] |
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| Petitioner: PATRICK LEROY CRISP | |
| Represented By: | ERIC D. PLACKE |
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| Respondent: MR. RAMOS | |
| Represented By: | ANGELA HEWLETT MILLER |
| Represented By: | RUDY E. RENFER |
| Represented By: | RANDALL STUART GALYON |
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