Moglia v. Moseley
| John Moglia |
| Bonita S Moseley |
| 2:2019cv00117 |
| January 14, 2019 |
| US District Court for the District of South Carolina |
| Mary Gordon Baker |
| Timothy M Cain |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Filing 50 Mail Returned as Undeliverable. Addressee: John Moglia. Document Returned: #46 Case Transferred In - District Transfer (hada, ) |
| Filing 49 ***DOCUMENT RE-MAILED #46 Case Transferred In - District Transfer placed in U.S. Mail to John Moglia - FCI Elkton, P.O. Box 10, Lisbon, OH 44432. (hada, ) |
| Filing 47 ***DOCUMENT MAILED #46 Case Transferred In - District Transfer placed in U.S. Mail to John Moglia. (hada, ) |
| Filing 46 Case transferred in from District of Ohio Northern; Case Number 4:18-cv-02912. Original file certified copy of transfer order and docket sheet received. |
Filing 45
Order of Case Dismissal. This case is transferred to the United States District Court for the District of South Carolina. Signed by Judge Solomon Oliver, Jr. on 1/11/2019. (R,Sh) [Transferred from Ohio Northern on 1/14/2019.]
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| Copy of #45 Order Dismissing Case mailed to John Moglia, #68659-053 at FCI Elkton, P.O. Box 10, Lisbon, OH 44432 on 1/11/2019. Related document(s) #45 . (R,Sh) [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 44 Motion for extension of time until January 28, 2019 to Respond to Transfer Order and Objections to Report and Recommendation filed by Respondent Bonita S Moseley. (Buck, Lynne) [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 43 Notice of Substitution of Counsel removing attorney Barbara Murcier Bowens and adding attorneys Lynne Haddad Buck and Karen Swanson Haan filed by on behalf of Bonita S Moseley. (Buck, Lynne) [Transferred from Ohio Northern on 1/14/2019.] |
| Notice to Attorney Barbara Murcier Bowens. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (P,WL) [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 42 CASE TRANSFERRED IN from District of South Carolina. Case number 2:18-cv-00148. Electronic file, transfer order and docket sheet received. [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 40 ***DOCUMENT MAILED #39 Order on Report and Recommendation, placed in U.S. Mail to John Moglia. (hada, ) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
| Judge Solomon Oliver, Jr assigned to case. (M,L) [Transferred from Ohio Northern on 1/14/2019.] |
| Copy of the Docket Sheet was mailed to John Moglia #68659-053 at Federal Correctional Institute Elkton, P.O. Box 10, Lisbon, OH 44432 and Attorney Barbara Murcier Bowens with the U.S. Attorneys Office in Columbia, SC on 12/19/2018. (M,L) [Transferred from Ohio Northern on 1/14/2019.] |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (M,L) [Transferred from Ohio Northern on 1/14/2019.] |
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Filing 39
ORDER. The court declines to adopt the #17 Report and Recommendation. Rather, the case shall be transferred to the Northern District of Ohio for further proceedings. Signed by Honorable Timothy M Cain on 12/18/2018.(hada, ) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.]
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| Filing 37 OBJECTION to #17 Report and Recommendation by John Moglia. Reply to Objections due by 12/17/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Certificate of Service, #2 Cover Letter, #3 Request to take Judicial Notice, #4 Exhibit - Affidavit of John Moglia, #5 Envelope) (hada, ) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 36 ***DOCUMENT RE-MAILED 31 Order on Motion for Extension of Time to File Response/Reply and #17 REPORT AND RECOMMENDATION, placed in U.S. Mail to John Moglia. (hada, ) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 35 NOTICE of Change of Address by John Moglia. Address updated in ECF this date. (Attachments: #1 Envelope) (hada, ) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 34 DELETION OF DOCKET ENTRY NUMBER 33 Reason: Document filed in error (document had previously been filed at Dkt. No. 29). (ssam, ) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 32 ***DOCUMENT MAILED 31 Order on Motion for Extension of Time to File Response and copy of #17 Report and Recommendation, placed in U.S. Mail to John Moglia (kmca) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 31 TEXT ORDER: On October 22, 2018, the court vacated its prior order adopting the Report and Recommendation and allowed Petitioner 14 days to file his objections to the Report. (ECF No. 25 ). In that order, the court ordered that a copy of the 25 text order and a copy of the #17 Report and Recommendation be sent to Petitioner. However, Petitioner filed a Motion for Extension of Time to file his objections, stating that he has yet to receive a copy of the Report and Recommendation. (ECF No. #29 ). The court grants Petitioner's #29 Motion for Extension of Time. Petitioner's objections are now due on November 19, 2018, plus three days if served by mail or otherwise allowed under Fed. R. Civ. P. 6. The clerk's office shall mail Petitioner a copy of the #17 Report along with this text order. It is so ordered. (Response to #17 Report and Recommendation due by 11/19/2018. 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.) Entered at the direction of the Honorable Timothy M Cain on 11/5/18.(kmca) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 30 REFERENCE #29 Motion re: NOTICE of Change of Address by John Moglia. Address updated in ECF this date. (ssam, ) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 29 MOTION for Extension of Time to File Response/Reply as to 25 Order on Motion for Reconsideration, Order on Motion to Vacate by John Moglia. Response to Motion due by 11/19/2018. 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)(ssam, ) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 28 Mail Returned as Undeliverable (to USP Atlanta). Addressee: John Moglia. Document Returned: 25 Order on Motion for Reconsideration, Order on Motion to Vacate. (kric, ) Modified on 11/5/2018: to add prison location 25 Order mailed to 2 locations (kmca). [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 26 ***DOCUMENT MAILED 25 Order on Motion for Reconsideration, Order on Motion to Vacate, placed in U.S. Mail to John Moglia at USP Atlanta (address on docket) and to John Moglia, FTC Oklahoma City, Federal Transfer Center, PO Box 898801, Oklahoma City, OK 73189 (at direction of chambers). (kmca) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 25 TEXT ORDER: The magistrate judge entered a Report and Recommendation on September 4, 2018, which recommended that the Respondent's Motion to Dismiss be granted. (ECF No. #17 ). In the Report, the magistrate judge alerted Petitioner to his right to file objections to the Report. (ECF No. #17 at 10). These objections were due September 18, 2018, plus three days because the Report was served by mail. (ECF No. #17 ). Accordingly, objections were due no later than September 21, 2018. On September 25, 2018, having received no objections, the court reviewed the Report and Recommendation for clear error. See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that "in the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation"). Finding no clear error, the court adopted the Report and Recommendation of the magistrate judge, construed the Motion to Dismiss as a Motion for Summary Judgment, and granted Summary Judgment for Respondent. (ECF No. #20 ). On October 17, 2018, the court received a "Motion to Reconsider and Vacate the Court's Order issued: 9-25-2018 (Doc. #20 ) or in the Alternative Notice of Appeal." (ECF No. #23 ). This Motion is considered filed as of October 15, 2018, because of the stamp on the envelope. See Houston v. Lack, 487 U.S. 266 (1988) (concluding that a document is deemed filed at the time a prisoner delivers it to the prison authorities for mailing). In this Motion, Petitioner asserts that he never received a copy of the Report and Recommendation (ECF No. #17 ), and, therefore, did not have a chance to file objections thereto. Petitioner's motion is granted to the extent that it asks the court to vacate its prior order and allow Petitioner time to file objections to the Report. Accordingly, in an abundance of caution, the court finds it prudent to vacate its Order adopting the Report, construing the Motion to Dismiss as a Motion for Summary Judgment, granting Summary Judgment, and Denying the Petition (ECF No. #20 ) at this time and to allow Petitioner fourteen days from the filing of this order to file objections to the Report and Recommendation (ECF No. #17 ). This text order and a copy of the Report and Recommendation (ECF No. #17 ) should be sent to Petitioner via US Mail. Entered at the direction of the Honorable Timothy M Cain on 10/22/18.(kmca) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 24 NOTICE of Change of Address by John Moglia. Address updated in ECF this date. (Attachments: #1 Envelope)(ssam, ) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 23 MOTION for Reconsideration re #20 Order on Motion to Dismiss, Order on Report and Recommendation, MOTION to Vacate #20 Order on Motion to Dismiss, Order on Report and Recommendation by John Moglia. Response to Motion due by 10/31/2018. 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 Exhibits A-B, #2 Envelope) (ssam, ) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 22 ***DOCUMENT MAILED #20 Order on Motion to Dismiss, Order on Report and Recommendation, #21 Summary Judgment placed in U.S. Mail to John Moglia. (cwhi, ) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 21 SUMMARY JUDGMENT is entered for the Respondent and this petition is denied. The Petitioner shall take nothing on his petition filed pursuant to Title 28 U.S.C. 2241. (cwhi, ) (Main Document 21 replaced on 9/25/2018) (cwhi, ). Modified on 9/25/2018 to correct document (cwhi, ). [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
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Filing 20
ORDER adopting Report and Recommendations of Magistrate Judge Mary Gordon Baker; granting #11 Motion to Dismiss. The Petition is, therefore,DENIED. Signed by Honorable Timothy M Cain on 9/25/2018.(cwhi, ) (Main Document 20 replaced on 9/25/2018) (cwhi, ). Modified on 9/25/2018 to correct document (cwhi, ). Modified on 10/22/2018: Order VACATED per 25 order (kmca). [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.]
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| Filing 18 ***DOCUMENT MAILED #17 REPORT AND RECOMMENDATION re #11 MOTION to Dismiss filed by Bonita S Moseley placed in U.S. Mail to John Moglia (ssam, ) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 17 REPORT AND RECOMMENDATION of Magistrate Judge Mary Gordon Baker. The undersigned Magistrate Judge RECOMMENDS that the Motion to Dismiss (Dkt. No. #11 ) be GRANTED. Objections to R&R due by 9/18/2018. 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 9/4/2018. (ssam, ) [Transferred from scd on 12/19/2018.][Transferred from Ohio Northern on 1/14/2019.] |
| Filing 16 Letter from John Moglia. (Attachments: #1 Envelope) Clerk's Note: Mailed Petitioner a copy of his public docket sheet. (ssam, ) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 15 RESPONSE in Opposition re #11 MOTION to Dismiss. Response filed by John Moglia. Reply to Response to Motion due by 4/16/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(ssam, ) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 14 ***DOCUMENT MAILED #13 Roseboro Order, placed in U.S. Mail to John Moglia (ssam, ) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
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Filing 13
ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to #11 MOTION to Dismiss by 4/30/2018. 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 3/30/2018. (ssam, ) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.]
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| Filing 11 MOTION to Dismiss by Bonita S Moseley. Response to Motion due by 4/11/2018. 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 Exhibit 1, Inmate History, #2 Exhibit 2, Public Information Inmate Data as of 02-22-2018, #3 Exhibit 3, Incident Report #2970688, #4 Exhibit 4, Notice of Discipline Hearing before the DHO, #5 Exhibit 5, Inmate Rights at Discipline Hearing, #6 Exhibit 6, Duties of Staff Representative)No proposed order.Motions referred to Mary Gordon Baker.(Bowens, Barbara) (Attachment 4 replaced on 3/30/2018) (ssam, ). (Attachment 5 replaced on 3/30/2018) (ssam, ). (Attachment 6 replaced on 3/30/2018) (ssam, ). Modified to replace documents with corrected documents as provided by filing user on 3/30/2018. (ssam, ). [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 10 CERTIFIED MAIL RECEIPT re #8 Order 2241 Federal Habeas served on U.S. Attorney General on 2/14/2018. (ssam, ) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 9 ***DOCUMENT MAILED #8 Order 2241 Federal Habeas placed in U.S. Mail to John Moglia. #8 Order 2241 Federal Habeas and Petition placed in U.S. Mail to U.S. Attorney General (certified mail receipt #7011 2970 0004 5240 6749). (ssam, ) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
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Filing 8
ORDER authorizing service of process by clerk. Apprising the respondent of deadline for filing dispositive motions. Signed by Magistrate Judge Mary Gordon Baker on 2/8/2018. (Attachments: #1 Petition)(ssam, )[Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.]
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| Filing 6 Filing fee: $ 5.00, receipt number SCX200015193 (ssam, ) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
| Filing 4 ***DOCUMENT MAILED #3 Proper Form Order, and required document placed in U.S. Mail to John Moglia. (cwhi, ) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
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Filing 3
PROPER FORM ORDER. Case to be brought into proper form by 2/13/2018. 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 1/23/2018. (cwhi, ) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.]
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by John Moglia. (Attachments: #1 Supporting Documents, #2 Envelope)(ssam, ) [Transferred from scd on 12/19/2018.] [Transferred from Ohio Northern on 1/14/2019.] |
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| Petitioner: John Moglia | |
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| Respondent: Bonita S Moseley | |
| Represented By: | Lynne Haddad Buck |
| Represented By: | Barbara Murcier Bowens |
| Represented By: | Karen E. Swanson-Haan |
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