Ben v. Janson
| Gregory Ben |
| Warden Janson |
| 6:2023cv00466 |
| February 2, 2023 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Kevin McDonald |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on March 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 14 CERTIFIED MAIL RECEIPT re #6 Order - Habeas-Service-No Answer, served on US Attorney General on 3/8/2023. (kric, ) |
| Filing 13 ***DOCUMENT MAILED #11 Order Ruling on Report and Recommendation, #12 Judgment placed in U.S. Mail from Greenville Clerks Office to Gregory Ben 15633-033 Edgefield Federal Correctional Institution Inmate Mail/Parcels P.O. Box 725 Edgefield, SC 29824 (kric, ) |
| Filing 12 JUDGMENT dismissing the action without prejudice, without leave to amend, and without issuance or service of process. (kric, ) |
Filing 11
ORDER RULING ON REPORT AND RECOMMENDATION: The Court finds the Magistrate Judge ably addressed the issues presented and correctly concluded that this action should be dismissed without prejudice, without leave to amend, and without issuance or service of process. The Court adopts the R & R (Dkt. No. 7) as the order of the Court and dismisses this action without prejudice. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/22/23. (ltap, )
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| Filing 9 ***DOCUMENT MAILED #6 Order - Habeas-Service-No Answer, #7 REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus filed by Gregory Ben placed in U.S. Mail from Greenville Clerks Office to Gregory Ben 15633-033 Edgefield Federal Correctional Institution Inmate Mail/Parcels P.O. Box 725 Edgefield, SC 29824 (rweb, ) |
| Filing 8 ***DOCUMENT MAILED CERTIFIED (7015 3430 0000 7276 5967) #6 Order - Habeas-Service-No Answer, placed in U.S. Mail from Greenville Clerks Office to Merrick B Garland Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 (rweb, ) |
| Filing 7 REPORT AND RECOMMENDATION; it is recommended that the petitioner's 2241 petition be dismissed without requiring the respondent to file a return because this action is duplicative of matters pending in his criminal case, he has not exhausted his administrative remedies, and because he is not entitled to additional educational programming credits at this time. Therefore, the undersigned recommends that the district court dismiss this action without prejudice, without leave to amend, and without issuance and service of process. Objections to R&R due by 3/13/2023. 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 2/27/23. (rweb, ) |
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Filing 6
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 2/27/23. (Attachments: #1 Petition)(rweb, )
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| Filing 4 Filing fee: $ 5.00, receipt number 300103341 (kric, ) |
| Filing 2 TRUE DIVISION FOR TRIAL: Anderson. (kric, ) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Gregory Ben. (Attachments: #1 Supporting Documents, #2 Envelope)(kric, ) |
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| Petitioner: Gregory Ben | |
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| Respondent: Warden Janson | |
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