Howell v. Castaneda
| Jacob Howell |
| J. Castaneda |
| 1:2012cv02341 |
| November 23, 2012 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Schuylkill |
| Martin C. Carlson |
| Sylvia H. Rambo |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
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The following documents for this case are available for you to view or download:
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Filing
18
ORDER: In accord with the Memorandum 17 filed this date; 1) The court adopts the 10/14/14 r and r of MJ Carlson 16 . 2) The petition for writ of habeas corpus 1 is DENIED as to the issues of the Bureau of Prisons failure to hold a timely DHO hea ring and the Bureau of Prisons failure to provide a staff representative at that hearing.3) The Clerk of Court shall close the file.4) The court declines to issue a certificate of appealability on the issuesof a timely hearing and staff representativ e.5) The court grants a certificate of appealability on the issue of whetherthe DHO has an obligation to consider and address exculpatory evidence in adisciplinary hearing.adopting Report and Recommendations.Signed by Honorable Sylvia H. Rambo on 11/6/14. (ma)
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Filing
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MEMORANDUM re REPORT AND RECOMMENDATIONS 8 (Order to follow as separate docket entry) Signed by Honorable Sylvia H. Rambo on 10/01/14. (ma)
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Filing
12
MEMORANDUM: The record should reflect that the undersigned requested by email timestamped 9/16/14, at 2:20 PM, to AUSA Scicchitano whether Petrs cell mate was charged with possession of contraband in connection with the incident underlying the instan t action. The email provided as follows:Dear Mr. Scicchitano;I wish to know if Howell's cellmate was also charged with contraband for the same items found in the same search of the cell.AUSA Scicchitano indicated he would inquire into the matter by way of email dated 9/16/14 at 2:40 PM, and responded to the inquiry in the affirmative on9/16/14 at 3:25 PM as follows:Your Honor, Bureau of Prisons records indicate that Mr. Howells cellmate was also charged with a code 104 violation, possession of a weapon. On 9/19/14, this court requested that the government supply the court with portions of the C.F.R. cited. Having not yet received a response, this request is withdrawn as of todays date. Signed by Honorable Sylvia H. Rambo on 09/22/14. (ma)
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| Petitioner: Jacob Howell | |
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| Respondent: J. Castaneda | |
| Represented By: | Mark Morrison |
| Represented By: | Anthony Scicchitano |
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