Proffitt v. Warden LaRose
| Wilbert Eugene Proffitt and Aaron Burr |
| Warden LaRose |
| 4:2019cv00064 |
| January 9, 2019 |
| US District Court for the Northern District of Ohio |
| Youngstown Office |
| James G Carr |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Document Text |
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| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (W,CM) |
| Judge James G. Carr assigned to case. (W,CM) |
| Case No. 4:17cv2626 was closed and transferred out to West Virginia, Northern Division on 11/30/18. Case was subsequently transferred back to our district. In order to pull all the proceedings over from West Virginia docket, a new case number was assigned and was processed as a refiling of case 4:17cv2626. (W,CM) |
| Filing 13 CASE TRANSFERRED IN from District of West Virginia Northern. Case number 2:18-cv-00125. Electronic file, transfer order and docket sheet received. Refiling of NDOH closed case 4:17cv2626. Modified on 1/10/2019 (W,CM). |
Filing 12
ORDER TRANSFERRING CASE. ORDERED that this case be TRANSFERRED to the UnitedStates District Court for the Northern District of Ohio. It is further ORDERED that the Clerk of the Court close this case and remove it from the active docket. Signed by District Judge John Preston Bailey on 1/9/19. (njz) copy mailed to pro se pet via cert. return rec't mail [Transferred from wvnd on 1/9/2019.]
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| Case transferred to District of Northern District of Ohio. Entire Case file electronically transmitted. (njz) [Transferred from wvnd on 1/9/2019.] |
| Filing 11 RETURN RECEIPT as to #10 Notice. SERVICE ACCEPTED on 12/7/18. (njz) [Transferred from wvnd on 1/9/2019.] |
| Filing 10 NOTICE OF DEFICIENT PLEADING AND INTENT TO DISMISS. (njz) mailed to pro se pet, with 2241 packet, via cert. return rec't mail (Additional attachment(s) added on 11/30/2018: #1 Attachment 1st page of 2241, #2 Attachment 1st page of motion for ifp, #3 Attachment PTAR) (njz). (Additional attachment(s) added on 11/30/2018: #4 Certified Mail Return Receipt) (njz). [Transferred from wvnd on 1/9/2019.] |
| Filing 9 Case transferred in from District of Ohio Northern; Case Number 4:17-cv-02626. (njz) [Transferred from wvnd on 1/9/2019.] |
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Filing 8
Order Transferring Case: Because venue in 2241 cases lies either in the district where the petitioner is confined or where his custodian is located, Roman v. Ashcroft, 340 F.3d 314, 31820 (6th Cir. 2003), venue is no longer proper in this court. I will therefore transfer this case to the U.S. District Court for the Northern District of West Virginia, in which FCI Hazelton is located. Judge James G. Carr on 11/30/18. (C,D) [Transferred from Ohio Northern on 11/30/2018.] [Transferred from wvnd on 1/9/2019.]
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| Filing 7 Returned Mail addressed to Party Wilbert Eugene Proffitt. Return to Sender, Attempted Not Known, Unable to Forward. Related document(s) #6 . (H,SN) [Transferred from Ohio Northern on 11/30/2018.] [Transferred from wvnd on 1/9/2019.] |
| Filing 6 Motion to transfer #1 writ of habeas corpus to the Chief Judge, United States District Court in Martinsburg, WV filed by Petitioner Wilbert Eugene Proffitt. (Attachments: #1 Transmittal Letter)(S,L) [Transferred from Ohio Northern on 11/30/2018.] [Transferred from wvnd on 1/9/2019.] |
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Filing 5
Order: Respondent shall show cause on or before 45 days of the date of this order, why the petitioner (doc #1 ) should not be granted and the writ as prayed for issued. Petitioner to file traverse thirty (30) days thereafter and respondent to file response fifteen (15) days thereafter. Judge James G. Carr on 4/20/18. (C,D) [Transferred from Ohio Northern on 11/30/2018.] [Transferred from wvnd on 1/9/2019.]
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| Copy of #1 #5 mailed to Warden LaRose, Warden, Trumbull Correctional Institution, P.O. Box 901, Leavittsburg, OH 44430 and Wilbert Eugene Proffitt, 37689-133, FDC Philadelphia, P.O. Box 562, Philadelphia, PA 19105. (C,D) [Transferred from Ohio Northern on 11/30/2018.] [Transferred from wvnd on 1/9/2019.] |
| Filing 4 Letter to Judge Pearson and Magistrate Judge Limbert c/o Clerk of Court regarding the filing fee. (S,L) [Transferred from Ohio Northern on 11/30/2018.] [Transferred from wvnd on 1/9/2019.] |
| Filing 3 Returned Mail with new Judge assignments addressed to Attorney Wilbert Eugene Proffitt marked Inmate Paroled/Discharged. BOP Inmate Locator gave new address of: FDC Philadelphia, P.O. Box 562, Philadelphia, PA 19105. Mail forwarded to new address. Old address: NEOCC, 2240 Hubbard Rd., Youngstown, Ohio 44505 was already updated on 12/27/2017. (S,L) [Transferred from Ohio Northern on 11/30/2018.] [Transferred from wvnd on 1/9/2019.] |
| Filing 2 Returned Mail addressed to Party Wilbert Eugene Proffitt. Inmate Paroled/Discharged. BOP Inmate Locator gave new address of: FDC Philadelphia, P.O. Box 562, Philadelphia, PA 19105. Mail forwarded to new address. Old address: NEOCC, 2240 Hubbard Rd., Youngstown, Ohio 44505. Related document(s) #1 . (S,Ke) [Transferred from Ohio Northern on 11/30/2018.] [Transferred from wvnd on 1/9/2019.] |
| Judge James G. Carr assigned to case. Judge Benita Y. Pearson terminated. (S,L) [Transferred from Ohio Northern on 11/30/2018.] [Transferred from wvnd on 1/9/2019.] |
| Random Re-assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (S,L) [Transferred from Ohio Northern on 11/30/2018.] [Transferred from wvnd on 1/9/2019.] |
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Order of Reassignment [non-document]. The Clerk's Office has indicated that there was an error in the assignment of this case. Therefore, it is being returned to the Clerk's Office for proper assignment. Judge Benita Y. Pearson on 12/19/2017. (JLG) [Transferred from Ohio Northern on 11/30/2018.] [Transferred from wvnd on 1/9/2019.]
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| Filing 1 Petition under 28 USC 2241 for Writ of Habeas Corpus by a person in federal custody. Filing fee not paid. Filed by Petitioner Wilbert Eugene Proffitt. (Attachments: #1 Exhibit A United States Court of Appeals, #2 Exhibit B 3-07-cv-714 Doc 8, #3 Exhibit C 3-07cv-714 Doc 1, #4 Exhibit D Inmate Grievance, #5 Exhibit E Inmate Request to Staff Member, #6 Exhibit F Envelope) (H,SN) [Transferred from Ohio Northern on 11/30/2018.] [Transferred from wvnd on 1/9/2019.] |
| Judge Benita Y. Pearson assigned to case. (H,SN) [Transferred from Ohio Northern on 11/30/2018.] [Transferred from wvnd on 1/9/2019.] |
| Remark by Clerk: This case was assigned and processed without the filing of a Civil Cover Sheet, which is required by Local Rule 3.13(a)., Copy of #1 Petition and Blank Civil Cover Sheet mailed to Wilbert Eugene Proffitt at #37689-133 Northeast Ohio Correctional Center, 2240 Hubbard Road, Youngstown, OH 44505 on 12/18/2017. Related document(s) #1 . (H,SN) [Transferred from Ohio Northern on 11/30/2018.] [Transferred from wvnd on 1/9/2019.] |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (H,SN) [Transferred from Ohio Northern on 11/30/2018.] [Transferred from wvnd on 1/9/2019.] |
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