Counterman v. Finley et al
| James Counterman |
| Michael Carvajal and Scott J Finley |
| 1:2021cv00384 |
| March 2, 2021 |
| US District Court for the Middle District of Pennsylvania |
| Martin C Carlson |
| Sylvia H Rambo |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Filing 29 REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus filed by James Counterman. IT IS RECOMMENDED that the Petition and motion both be DENIED. In addition, since the petitioner has not demonstrated a substantial showing of the denial of a constitutional right. Further, since Counterman, a pro se inmate litigant, cannot serve as a class representative, this classcertification proposal does not meet the mandatory threshold consideration that the representative party will fairly and adequately protect the interests of the class, and this pro se request for class certification should be DENIED. Objections to R&R due by 5/11/2021. Signed by Magistrate Judge Martin C. Carlson on April 27, 2021. (kjn) |
Filing 28
ORDER granting #27 Respondents Nunc Pro Tunc Motion for Enlargement of Time, it is hereby ORDERED that the motion is GRANTED. The Declaration and Exhibits are accepted for consideration with the response to the petition. Signed by Magistrate Judge Martin C. Carlson on April 26, 2021. (kjn)
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| Filing 27 MOTION for Extension of Time to Nunc Pro Tunc Motion for Enlargement by Defendant to file Exhibits to be considered with Defendant's Response to Petition for Writ of Habeas Corpus) by Scott J Finley. (Attachments: #1 Exhibit(s) Ex. 1(Ex. A, Decl. J. Kerr & Attachments 1-4), #2 Proposed Order)(Judge, Timothy) |
| Filing 26 Letter to Court from James Counterman re case. (aaa) |
| DOCKET ANNOTATION: document 27 was deleted. US Atty to re-file (cl) |
| Filing 25 TRAVERSE by James Counterman to #22 Response to Petition for Habeas Corpus. (aaa) (Additional attachment(s) added on 4/12/2021: #1 Exhibit(s), #2 part two) (aaa). |
| Filing 24 Letter to Court from Jeff Olsen re case. (aaa) |
| Filing 23 DECLARATION of JUSTIN CHANDLER filed by James Counterman. (dw) |
| Filing 22 RESPONSE TO PETITION FOR HABEAS CORPUS by Michael Carvajal, Scott J Finley by Michael Carvajal, Scott J Finley. (Attachments: #1 Unpublished Opinion(s))(Judge, Timothy) |
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Filing 21
MEMORANDUM ORDER denying #16 Motion to Appoint Counsel. Signed by Magistrate Judge Martin C. Carlson on March 29, 2021. (kjn)
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| Filing 20 DECLARATION OF STEVEN RUSSO filed by James Fleming. (aaa) |
| Filing 19 DECLARATION OF WILLIAM BARNETT by James Counterman. (dw) |
| Filing 18 DECLARATION OF ALONZO WOODEN by James Counterman. (dw) |
| Filing 17 DECLARATION OF JAMES FLEMING by James Counterman. (dw) |
| Filing 16 MOTION to Appoint Counsel by James Counterman.(dw) |
| Filing 15 DECLARATIONS of Franck Noche and Alonzo Wooden. (dw) |
| VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Sylvia H. Rambo and referred to Magistrate Judge Martin C. Carlson as one or more parties have not consented to the jurisdiction of a U.S. Magistrate Judge. (jkc) |
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Filing 14
ORDER granting #12 Motion to Withdraw. Signed by Magistrate Judge Martin C. Carlson on March 22, 2021. (kjn)
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| Filing 13 DECLARATIONS by James Counterman. (dw) |
| Filing 12 MOTION to Withdraw Addendum #7 by James Counterman.(aaa) |
| Filing 11 DECLARATION by Traven Brown. (dw) |
| Filing 10 CONSENT FORM SENT (For Direct Assignment Cases to Magistrate Judges) to Michael Carvajal, James Counterman, Scott J Finley YOU MUST SAVE THIS FORM TO YOUR DESKTOP. THEN OPEN THE SAVED FORM AND COMPLETE THE REQUIRED SECTIONS. DO NOT FILE THIS FORM IN THE CLERKS OFFICE. THE FORM MUST BE E-MAILED TO consents@pamd.uscourts.gov OR IF YOU ARE NOT AN ECF REGISTERED USER, THEN MAIL THE FORM TO Clerks Administrative Assistant, Clerks Office, P.O. Box 1148, Scranton, PA 18501-1148. Consent Form due by 4/15/2021. (kjn) |
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Filing 9
MEMORANDUM ORDER - For the foregoing reasons, the petitioner is placed on notice that any pro se request for class certification (Doc. 7) is inappropriate and individual petitioners should file individual claims instead. Signed by Magistrate Judge Martin C. Carlson on March 15, 2021. (kjn)
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| Filing 8 Letter from Javier Rivera Salaman re: joining the class action. (dw) |
| Filing 7 DOCUMENT FILED entitled "Addendum" by James Counterman. (dw) |
| Filing 6 SHOW CAUSE ORDER and Petition Served on USA Office Hbg by Personal. (ibr) |
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Filing 5
ORDER - IT IS ORDERED that: 1. The clerk shall serve a copy of this petition and this order on the Respondent and the Respondent shall show cause on or before March 29, 2021 why the petitioner should not be granted habeas corpus relief.2. A determination as to whether or not the petitioner shall be produced for a hearing will be held in abeyance pending the filing of a response. 3. Petitioner shall, if he so desires, file a reply to the response to the show cause order within fourteen (14) days of its filing, but not later than April 12, 2021. The Clerk is directed to serve a copy of the petition and this Order on the United States Attorney. Signed by Magistrate Judge Martin C. Carlson on March 8, 2021. (kjn)
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| Receipt of payment from JAMES COUNTERMAN in the amount of $5.00 for WRIT OF HABEAS CORPUS. Transaction posted on 3/5/2021. Receipt number 333075284 processed by smurphy. (jjs) |
| Filing 4 Filing fee: $ 5.00, receipt number 333075284. Petition is now deemed FILED. (ga) |
| Filing 3 THIRTY (30) DAY ADMINISTRATIVE ORDER directing the prisoner to pay the filing fee or file a signed Application to Proceed IFP within 30 days or case will be dismissed. Signed by LP on 03/02/2021. (Attachments: #1 IFP (habeas corpus))(lp) |
| Filing 2 PRO SE LETTER ISSUED. (lp) |
| Filing 1 PETITION for Writ of Habeas Corpus lodged as no filing fee was paid and no Motion for In Forma Pauperis was filed, filed by James Counterman. (Attachments: #1 Addendum to Petition)(lp) |
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