Williams v. Warden FCI Estill
| David V. Williams, Jr. |
| United States of America and Warden FCI Estill |
| 6:2019cv02845 |
| October 8, 2019 |
| US District Court for the District of South Carolina |
| Greenville Office |
| Timothy M Cain |
| Kevin McDonald |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Filing 26 ***DOCUMENT MAILED #24 Order - Habeas-Service-No Answer, #25 REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus, filed by David V. Williams, Jr. placed in U.S. Mail from Greenville Clerks Office to David V. Williams, Jr 99700-022 FCI Estill Federal Correctional Institution Inmate Mail/Parcels P.O. Box 699 Estill, SC 29918 and certified mail 70181130000190227954 to the US attorney General (kric, ) |
| Filing 25 REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus, filed by David V. Williams, Jr. It is recommended that the petitioners 2241 petition be dismissed with prejudice and without requiring the respondent to file an answer or return. Objections to R&R due by 12/16/2019 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 Kevin McDonald on 12/2/2019. (kric, ) |
Filing 24
ORDER authorizing service of process by clerk, directing respondent not to answer and directing the petitioner to notify the clerk in writing of any change of address. Signed by Magistrate Judge Kevin McDonald on 12/2/2019. (kric, ) (Additional attachment(s) added on 12/2/2019: #1 Petition) (kric, ).
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| Filing 22 Letter from David V Williams. (Attachments: #1 Envelope)(kric, ) |
| Filing 21 ***DOCUMENT MAILED #20 Order, placed in U.S. Mail from Greenville Clerks Office to David V. Williams, Jr 99700-022 FCI Estill Federal Correctional Institution Inmate Mail/Parcels P.O. Box 699 Estill, SC 29918 with blank petition and IFP application (kric, ) |
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Filing 20
ORDER The petitioner's habeas petition is subject to dismissal as it fails to state a claim upon which relief may be granted. The petitioner may attempt to correct the defects in his petition identified herein by filing an amended petition within 14 days of this order. IT IS SO ORDERED. Signed by Magistrate Judge Kevin McDonald on 11/6/19. (ctuc, )
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| Filing 19 ***DOCUMENT MAILED 18 Order on Motion for Leave to Proceed in forma pauperis placed in U.S. Mail from Greenville Clerks Office to David V. Williams, Jr 99700-022 FCI Estill Federal Correctional Institution Inmate Mail/Parcels P.O. Box 699 Estill, SC 29918 (kric, ) |
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Filing 18
TEXT ORDER granting #14 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Kevin McDonald on 11/5/19.(ctuc, )
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| Filing 17 Letter regarding filing fee from David V Williams. (Attachments: #1 Envelope, #2 USDC letter)(kric, ) |
| Filing 16 DELETION OF DOCKET ENTRY NUMBER 13 Reason: documents were to be added to entry 1. Corrected Filing Document Number #1 Modified filing date to that of original filing: 10/21/2019 (kric, ) |
| Filing 14 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by David V. Williams, Jr. Response to Motion due by 11/4/2019. 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 Inmate Inquiry, #2 Envelope)No proposed order.(kric, ) |
| Filing 12 ***DOCUMENT MAILED #10 Proper Form Order with AO240 form and 2241 petition, placed in U.S. Mail from Greenville Clerks Office to David V. Williams, Jr., #99700-022, FCI Estill, Federal Correctional Institution, Inmate Mail/Parcels, P.O. Box 699, Estill, SC 29918. (kmca) |
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Filing 10
PROPER FORM ORDER Case to be brought into proper form by 10/31/19. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. To the extent the petitioner's filings request the appointment of counsel, such request is denied. The petitioner is directed to always keep the Clerk advised in writing of any change of address. The Clerk is directed to amend the docket to add the Warden of Estill Federal Correctional Institution as the respondent, and to delete the United States of America as a respondent. IT IS SO ORDERED. Signed by Magistrate Judge Kevin McDonald on 10/10/19. (ctuc, )
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| Filing 8 ***DOCUMENT MAILED #5 Case Transferred In - District Transfer placed in U.S. Mail from Greenville Clerks Office to David V. Williams, Jr. 99700-022 FCI ESTILL FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 699 ESTILL, SC 29918 (kric, ) |
| Filing 6 TRUE DIVISION FOR TRIAL: Anderson. (kric, ) |
| Filing 5 Case transferred in from District of Hawaii; Case Number 1:19-cv-00504. Original file certified copy of transfer order and docket sheet received. |
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Filing 4
ORDER OF TRANSFER re #1 - Signed by JUDGE JILL A. OTAKE on 10/7/2019. Because the instant Petition challenges the execution of Williams' sentence and not the legality of his conviction and sentence, venue is improper in the District of Hawaii. Accordingly, this case is TRANSFERRED to the United States District Court for the District of South Carolina, where Williams is confined. The Clerk shall terminate any pending motions and close the file. (emt, ) [Transferred from Hawaii on 10/8/2019.]
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| COURT'S CERTIFICATE of Service - a copy of the #4 ORDER OF TRANSFER shall be served by First Class Mail to David V. Williams, Jr. at the address of record on October 8, 2019. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) [Transferred from Hawaii on 10/8/2019.] |
| Case transferred to District of South Carolina. Original file, certified copy of transfer order, and docket sheet sent via CM/ECF. (emt, ) [Transferred from Hawaii on 10/8/2019.] |
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Filing 3
HABEAS DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/17/2019. A copy of the Habeas Deficiency Order has been served to David V. Williams, Jr. at the address of record on September 20, 2019. A copy of the Court's Application to Proceed in Forma Pauperis by a Prisoner form and instructions were included in the mailing to Mr. Williams. (emt, ) [Transferred from Hawaii on 10/8/2019.]
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| Filing 2 Letter addressed to Judge Susan Oki Mollway from Petitioner David V. Williams, Jr., dated September 11, 2019, Re: "Loss of all good time for disciplinary infractions after head injury". (emt, ) [Transferred from Hawaii on 10/8/2019.] |
| Filing 1 28 U.S.C. 2241 Habeas Corpus PETITION ("Loss of All Good Time") - filed by David V. Williams, Jr. (Attachments: #1 Mailing Documentation) (emt, ) [Transferred from Hawaii on 10/8/2019.] |
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