Gonzalez v. Mackelberg
| David Gonzalez |
| Warden FCI Schuylkill |
| 1:2021cv01166 |
| July 1, 2021 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| EB |
| Sylvia H Rambo |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on August 25, 2021. A more recent docket listing may be available from PACER.
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Filing 27
ORDER - In accord with the accompanying Memorandum #26 : 1. Petrs petn for a writ of habeas corpus pursuant to 28 U.S.C. 2241 #1 is DENIED; and2. The Clerk of Court is directed to CLOSE the above-captioned case. Signed by Honorable Sylvia H. Rambo on 8/25/21. (ma)
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Filing 26
MEMORANDUM re Petition for Writ of Habeas Corpus #1 filed by David Gonzalez (Order to follow as separate docket entry) Signed by Honorable Sylvia H. Rambo on 8/25/21. (ma)
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Filing 25
RESPONSE TO PETITION FOR HABEAS CORPUS by Warden FCI Schuylkill by Warden FCI Schuylkill. (Attachments: #1 Exhibit(s) 1, #2 Unpublished Opinion(s))(Swauger, Melissa)
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Filing 24
ORDER Granting resp's mtn for exttm #23 . Response to pwrithc due by 8/4/2021. Signed by Honorable Sylvia H. Rambo on 7/15/21. (ma)
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Filing 23
MOTION for Extension of Time to by Warden FCI Schuylkill. (Attachments: #1 Proposed Order)(Swauger, Melissa)
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Filing 22
ORDER TO SHOW CAUSE: 1. The Clerk of Court is directed to serve a copy of the petn #1 ) and this Order on Resp and the US Atty, and to note the address of the US Atty on the docket in this case. 2. Within (20) days of the date of this Order, Resp shall file a response to the allegations of the petn. 3. Petr shall, if he so desires, file a reply to Respondents answer or other pleading within (14) days after its filing. 4. A determination as to whether Per shall be produced for a hearing will be held in abeyance pending the filing of Resps answer or other pleading. Signed by Honorable Sylvia H. Rambo on 7/1/21. (ma)
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Filing 21
PRO SE LETTER ISSUED providing the case number and the AO 85 Notice & Consent Form. (Attachment: #1 Notice and Consent for Magistrate Form) (lg)
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Filing 20
Case transferred electronically in from District of South Carolina, Case Number 2:20-cv-02058, containing electronic documents. (lg)
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Filing 18
OPINION AND ORDER adopting #14 Report and Recommendations. This Court hereby substitutes "Warden, FCI Schuylkill" as the proper respondent in this case and TRANSFERS this petition to the Middle District of Pennsylvania so that the proper court may determine whether Petitioner's claims are cognizable under 28 U.S.C. 2241. Signed by Honorable Sherri A Lydon on 06/30/2021.(hcor, ) [Transferred from South Carolina on 7/1/2021.]
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Filing 17
Letter from David Gonzalez. Note: Clerk's office mail copy of public docket to plaintiff and updated address in ECF this date. (Attachments: #1 Envelope)(hada, ) [Transferred from South Carolina on 7/1/2021.]
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Filing 15
***DOCUMENT MAILED #14 REPORT AND RECOMMENDATION and Change of Address Form placed in U.S. Mail from Charleston Clerks Office to David Gonzalez 56168-054 United States Penitentiary PO Box 1000 Lewisburg, PA 17837 and to David Gonzalez 56168-054 FCI Schuylkill P.O. BOX 759 MINERSVILLE, PA 17954(per the BOP Inmate locator). (hada, ) [Transferred from South Carolina on 7/1/2021.]
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Filing 14
REPORT AND RECOMMENDATION of Magistrate Judge Mary Gordon Baker. It is recommended that the Court substitute "Warden, FCI Schuylkill" as the proper respondent in this case and transfer this petition to the Middle District of Pennsylvania so that the proper court may determine whether Petitioner's claims are cognizable under 28 U.S.C. 2241. Objections to R&R due by 2/24/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Mary Gordon Baker on 02/10/2021. (hada, ) [Transferred from South Carolina on 7/1/2021.]
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Filing 13
***DOCUMENT MAILED 12 Order on Motion for Leave to Proceed in forma pauperis placed in U.S. Mail from Charleston Clerks Office to David Gonzalez 56168-054 United States Penitentiary PO Box 1000 Lewisburg, PA 17837 (hada, ) [Transferred from South Carolina on 7/1/2021.]
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Filing 12
TEXT ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Entered at the direction of Magistrate Judge Mary Gordon Baker on 02/09/2021.(hada, ) [Transferred from South Carolina on 7/1/2021.]
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Filing 10
SUPPLEMENT by David Gonzalez to #2 MOTION for Leave to Proceed in forma pauperis (Restricted Access). (Attachments: #1 Envelope)(hada, ) [Transferred from South Carolina on 7/1/2021.]
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Filing 9
***DOCUMENT MAILED #8 Order on Motion for Extension of Time with required documents placed in U.S. Mail from Charleston Clerks Office to David Gonzalez 56168-054 United States Penitentiary PO Box 1000 Lewisburg, PA 17837 (hada, ) [Transferred from South Carolina on 7/1/2021.]
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Filing 8
ORDER granting #7 Motion for Extension of Time. Signed by Magistrate Judge Mary Gordon Baker on 09/01/2020.(hada, ) [Transferred from South Carolina on 7/1/2021.]
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Filing 7
MOTION for Extension of Time to respond to #2 Proper Form Order by David Gonzalez. (Attachments: #1 Envelope)Motions referred to Mary Gordon Baker.(hada, ) [Transferred from South Carolina on 7/1/2021.]
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Filing 5
***DOCUMENT MAILED #4 Proper Form Order with required documents, placed in U.S. Mail from Charleston Clerks Office to David Gonzalez, 56168-054, United States Penitentiary, PO Box 1000, Lewisburg, PA 17837. (hada, ) [Transferred from South Carolina on 7/1/2021.]
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Filing 4
PROPER FORM ORDER Case to be brought into proper form by 9/2/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Mary Gordon Baker on 08/12/2020. (hada, ) [Transferred from South Carolina on 7/1/2021.]
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Filing 2
MOTION for Leave to Proceed in forma pauperis (Restricted Access) by David Gonzalez. Response to Motion due by 6/15/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope)Motions referred to Mary Gordon Baker.(hada, ) Modified to add link to #10 Supplement on 9/17/2020 (hada, ). [Transferred from South Carolina on 7/1/2021.]
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Filing 1
PETITION for Writ of Habeas Corpus, filed by David Gonzalez. (Attachments: #1 Supporting Documents, #2 Envelope)(hada, ) [Transferred from South Carolina on 7/1/2021.]
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| Petitioner: David Gonzalez | |
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| Respondent: Warden FCI Schuylkill | |
| Represented By: | Joseph J Terz |
| Represented By: | Melissa Swauger |
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