Cavazos v. USA
| Thomas Cavazos |
| USA and Fnu Machalt |
| 1:2022cv01022 |
| June 30, 2022 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| SM |
| Sylvia H Rambo |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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| Filing 29 RESPONSE TO PETITION FOR HABEAS CORPUS by Fnu Machalt by Fnu Machalt. (Attachments: #1 Exhibit(s) Ex. 1, Fanello Declaration, with Attachs. A-K, #2 Unpublished Opinion(s))(Jani, Navin) |
| Filing 28 SHOW CAUSE ORDER and Served on USA Office Hbg by personal service. (ma) |
Filing 27
ORDER TO SHOW CAUSE: 1. The amended petn #6 is DEEMED filed;2. The Clerk of Court is directed to serve a copy of the amended petn (Doc. No. 6), the letter-petition originally filed by Petr #1 , and this Order on Resp and the US Atty;3. Within (20) days of the date of this Order, Resp shall respond to the amended petn;4. Petr shall, if he so desires, file a reply to Resps response;5. A determination as to whether Petr shall be produced for a hearing will be held in abeyance pending the filing of Respsresponse. Signed by Honorable Sylvia H. Rambo on 7/12/22. (ma)
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| Filing 26 PRO SE LETTER ISSUED providing the case number and the AO 85 Notice & Consent Form. (Attachments: #1 Notice of Consent) (lp) |
| Filing 25 Case transferred electronically in from District of Oklahoma Western; Case Number 5:22-cv-00152 containing electronic documents. |
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Filing 24
ORDER ADOPTING REPORT AND RECOMMENDATION #23 and directing the Clerk to transfer this 2241 petition to the Middle District of Pennsylvania. Signed by Judge Patrick R Wyrick on 6/29/2022. (ks) [Transferred from Oklahoma Western on 6/30/2022.]
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| Filing 23 REPORT AND RECOMMENDATION -- it is recommended that the Court GRANT Respondent's Motion ECF No. #22 and TRANSFER the Amended Petition (ECF No. 6) to the Middle District of Pennsylvania. All as more fully set out. Objections to R&R due by 6/27/2022. Signed by Magistrate Judge Shon T. Erwin on 6/10/2022. (mc) [Transferred from Oklahoma Western on 6/30/2022.] |
| Magistrate Judge Shon T. Erwin no longer assigned to case. (mc) [Transferred from Oklahoma Western on 6/30/2022.] |
| Filing 22 MOTION to Transfer Case by FNU Machalt. Motions referred to Shon T. Erwin. (Attachments: #1 Exhibit 1 - Personal Profile)(Spurlock, Alison) [Transferred from Oklahoma Western on 6/30/2022.] |
| Filing 21 ENTRY of Appearance by Alison Spurlock on behalf of FNU Machalt (Spurlock, Alison) [Transferred from Oklahoma Western on 6/30/2022.] |
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Filing 20
ORDER FOR RESPONSE BY UNITED STATES ATTORNEY TO PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN FEDERAL CUSTODY PURSUANT TO 28 U.S.C. 2241 -- The Respondent shall file an answer responding to the allegations of the petition within thirty (30) days from the date of this order. Signed by Magistrate Judge Shon T. Erwin on 4/29/2022. (mc) [Transferred from Oklahoma Western on 6/30/2022.]
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Filing 19
ORDER ADOPTING REPORT AND RECOMMENDATION #16 , denying as moot #7 the Petitioner's Motion for Leave to Proceed in Forma pauperis, and recommitting this action to the Magistrate Judge for further proceedings. Signed by Judge Patrick R Wyrick on 4/5/2022. (ks) [Transferred from Oklahoma Western on 6/30/2022.]
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| Filing 18 Mail Returned as Undeliverable re 17 Receipt, as to Thomas Cavazos (Attachments: #1 Attachment 1 - Civil Receipt) (so) [Transferred from Oklahoma Western on 6/30/2022.] |
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Filing 16
REPORT AND RECOMMENDATION -- Because the Petitioner does not qualify for authorization to proceed without prepayment of the filing fee, it is recommended that Petitioner's Motion, ECF No. #7 be DENIED and that he be ordered to prepay the full $5.00 filing fee for this action to proceed. This report and recommendation terminates the referral to the undersigned Magistrate Judge unless and until the matter is re-referred. Objections to R&R due by 3/24/2022. Signed by Magistrate Judge Shon T. Erwin on 3/7/2022. (mc) [Transferred from Oklahoma Western on 6/30/2022.]
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Filing 15
ORDER denying 2 Motion to Appoint Counsel. See Order as more fully set out. Signed by Magistrate Judge Shon T. Erwin on 3/7/2022. (mc) [Transferred from Oklahoma Western on 6/30/2022.]
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| Magistrate Judge Shon T. Erwin no longer assigned to case. (mc) [Transferred from Oklahoma Western on 6/30/2022.] |
| Filing 14 NOTICE of Change of Address by Thomas Cavazos (Attachments: #1 Envelope)(dtb) [Transferred from Oklahoma Western on 6/30/2022.] |
| Filing 13 LETTER from Thomas Cavazos (Attachments: #1 Attachment 1- Inmate Inquiry, #2 Attachment 2- Inmate Data, #3 Attachment 3- Inmate Request To Staff, #4 Attachment 4- Court Documents, #5 Envelope) (dtb) [Transferred from Oklahoma Western on 6/30/2022.] |
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Filing 12
ORDER -- The Court is in receipt of the documents Petitioner tendered in this matter. However, the documents are deficient in the area(s) indicated. Petitioner shall cure the deficiencies designated no later than March 14, 2022. Signed by Magistrate Judge Shon T. Erwin on 2/23/2022. (mc) [Transferred from Oklahoma Western on 6/30/2022.]
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| Filing 11 ENTER ORDER REFERRING CASE to Magistrate Judge Shon T. Erwin. Motions referred to Shon T. Erwin.. Signed at the direction of Judge Patrick R Wyrick on 2/18/22. (dtb) [Transferred from Oklahoma Western on 6/30/2022.] |
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Filing 8
ORDER: Order Transferring to Another District: Case transferred to Division of Western District of Ohlahoma. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 2/18/2022) (bmh) [Transferred from Texas Northern on 2/18/2022.] [Transferred from Oklahoma Western on 6/30/2022.]
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| Filing 7 MOTION for Leave to Proceed in forma pauperis filed by Thomas Cavazos. (bmh) (Main Document 7 replaced with darker copy on 2/17/2022) (bmh). [Transferred from Texas Northern on 2/18/2022.] [Transferred from Oklahoma Western on 6/30/2022.] |
| Filing 6 AMENDED PETITION FOR WRIT OF HABEAS CORPUS 28 U.S.C. 2241 against FNU Machalt filed by Thomas Cavazos. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (bmh) (Main Document 6 replaced with darker copy on 2/17/2022) (bmh). [Transferred from Texas Northern on 2/18/2022.] [Transferred from Oklahoma Western on 6/30/2022.] |
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Filing 5
NOTICE OF DEFICIENCY AND ORDER: The Court orders Petitioner to file a complete amended petition on the court approved form and pay the $5.00 filing fee or file an application to proceed in forma pauperis with a certificate of his inmate trust account within 30 days from the date of this Order. If Petitionerfails to comply with this Order, the Court may dismiss this action without further notice. Clerk mailed to Petitioner a Section 2241 form and an application to proceed in forma pauperis for his use in complying with this Order. Petitioner must obtain a ce1iificate of inmate trust account from his current prison unit. (Ordered by Magistrate Judge D. Gordon Bryant, Jr on 1/31/2022) (bmh) [Transferred from Texas Northern on 2/18/2022.] [Transferred from Oklahoma Western on 6/30/2022.]
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| Filing 3 Notice and Instruction to Pro Se Party (lkw) [Transferred from Texas Northern on 2/18/2022.] [Transferred from Oklahoma Western on 6/30/2022.] |
| Filing 2 MOTION to Appoint Counsel (SEE DOCUMENT #1 FOR IMAGE) filed by Thomas Cavazos (lkw) [Transferred from Texas Northern on 2/18/2022.] [Transferred from Oklahoma Western on 6/30/2022.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Thomas Cavazos. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (lkw) [Transferred from Texas Northern on 2/18/2022.] [Transferred from Oklahoma Western on 6/30/2022.] |
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