Teixeira v. United States of America
Fabrice Teixeira |
United States of America |
1:2023cv00431 |
October 18, 2023 |
US District Court for the District of Rhode Island |
Providence Office |
Lincoln D Almond |
William E Smith |
Habeas Corpus (General) |
28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (Federal) |
None |
Docket Report
This docket was last retrieved on October 19, 2023. A more recent docket listing may be available from PACER.
Document Text |
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TEXT ORDER dismissing #1 Petition for Writ of Habeas Corpus as MOOT. It has come to the Court's attention that on or about October 25, 2021, Petitioner was released from custody. Release from custody moots a habeas petition "unless the petitioner can show some sufficient collateral consequence of the underlying proceeding." Leitao v. Reno, 311 F.3d 453, 455 (1st Cir. 2002); see Spencer v. Kemna, 523 U.S. 1, 7 (1998) (describing collateral consequence as "some concrete and continuing injury other than the now-ended incarceration or parole"). The Petition indicates no such collateral consequence. See generally Habeas Pet., ECF No. 1 (requesting transfer from U.S. Marshals custody to Bureau of Prisons custody so Petitioner could "receiv[e] good time towards his sentence and hav[e] the opportunity to be housed in pre-release custody"). Therefore, the Court ORDERS that #1 Petition for Writ of Habeas Corpus is DISMISSED as MOOT. So Ordered by District Judge William E. Smith on 10/19/2023. (Simoncelli, Michael) |
Filing 8 Case transferred in from District of Massachusetts; Case Number 1:21-cv-11333. Original file certified copy of transfer order and docket sheet received. NOTICE TO COUNSEL: Pursuant to LR Gen 201(b)(5), counsel who is a member in good standing of the bar of another federal district court is exempt from the requirements of bar membership, and may appear and practice in this Court for this case. Counsel is directed to register as an ECF Filing User in accordance with LR Gen 304(a) through PACER.gov |
Filing 7 Case electronically transferred to District of Rhode Island;. Original file certified copy of transfer order and docket sheet sent to Clerk in that district. (de Oliveira, Flaviana) |
Filing 6 Chief Judge F. Dennis Saylor, IV: ORDER OF TRANSFER entered. Because jurisdiction over Teixeira's petition does not lie in the District of Massachusetts, the Court hereby orders that this action be TRANSFERRED to the United States District Court for the District of Rhode Island. See 28 U.S.C. 1404(a) (providing for the transfer of a civil action "to any other district or division where it might have been brought").So Ordered. (de Oliveira, Flaviana) |
Filing 5 ELECTRONIC NOTICE of Reassignment. Chief Judge F. Dennis Saylor, IV added. District Judge Leo T. Sorokin no longer assigned to case. (Finn, Mary) |
Filing 4 District Judge Leo T. Sorokin. ELECTRONIC ORDER entered. With the agreement of Chief Judge Saylor, this matter is hereby reassigned under Local Rule 40.1 to Chief Judge Saylor.(Simeone, Maria) |
Filing 3 NOTICE of Appearance by Timothy E. Moran on behalf of United States of America (Moran, Timothy) |
Filing 2 ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) |
Filing 1 PETITION for Writ of Habeas Corpus (2241), filed by Fabrice Teixeira. (Attachments: #1 Exhibit)(Castilla, Francis) (Additional attachment(s) added on 8/17/2021: #2 Envelope) (Castilla, Francis). |
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Petitioner: Fabrice Teixeira | |
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Respondent: United States of America | |
Represented By: | Timothy E. Moran |
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