Obregon v. Antonelli
Petitioner: Mario Jesus Obregon
Respondent: B.M. Antonelli
Case Number: 1:2020cv01061
Filed: October 23, 2020
Court: US District Court for the Western District of Texas
Office: Austin Office
Presiding Judge: Andrew W Austin
Referring Judge: Lee Yeakel
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2241
Jury Demanded By: None
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Docket Report

This docket was last retrieved on January 26, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 26, 2021 Filing 64 FINAL JUDGMENT. Signed by Judge Lee Yeakel. (jv2)
January 26, 2021 Opinion or Order Filing 63 ORDER ADOPTING #56 Report and Recommendation of United States Magistrate Judge and DISMISSING WITHOUT PREJUDICE #1 Petition for Writ of Habeas. Signed by Judge Lee Yeakel. (jv2)
December 28, 2020 Filing 62 OBJECTION to #56 Report and Recommendation by Mario Jesus Obregon. (jv2)
December 17, 2020 Filing 61 Copy of Certified mail acknowledgment receipt for #56 Report and Recommendations as to Mario Jesus Obregon. (jv2)
December 14, 2020 Filing 60 CERTIFICATE OF SERVICE by B.M. Antonelli (Bloodworth, Kristin)
December 14, 2020 Filing 59 DEFICIENCY NOTICE: re #58 Notice of Appearance (jv2)
December 14, 2020 Filing 58 NOTICE of Attorney Appearance by Kristin K. Bloodworth on behalf of B.M. Antonelli. Attorney Kristin K. Bloodworth added to party B.M. Antonelli(pty:res) (Bloodworth, Kristin)
December 9, 2020 Filing 57 Copy of #56 Report and Recommendation sent via certified mail and first class mail, as to Mario Jesus Obregon (lt)
December 9, 2020 Filing 56 REPORT AND RECOMMENDATION of the United States Magistrate Judge re #1 Petition for Writ of Habeas Corpus filed by Mario Jesus Obregon. Signed by Judge Andrew W. Austin. (lt)
December 9, 2020 CASE NO LONGER REFERRED to Magistrate Judge Andrew W. Austin. (lt)
October 23, 2020 Filing 55 Case Opening Letter mailed to Mario Jesus Obregon. (dl)
October 23, 2020 Filing 54 Case electronically transferred in from District of South Carolina; Case Number 5:19-cv-03454.
October 23, 2020 Filing 52 ***DOCUMENT MAILED: #51 Opinion and Order Ruling on Report and Recommendation w/NEF, placed in U.S. Mail from Florence Clerk's Office to Mario Jesus Obregon, #72440-179, Bastrop FCI, PO Box 1010, Bastrop, TX 78602. (prou, ) [Transferred from South Carolina on 10/23/2020.]
October 23, 2020 Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (dl)
October 23, 2020 If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Austin. (dl)
October 23, 2020 CASE REFERRED to Magistrate Judge Andrew W. Austin. (dl)
October 22, 2020 Filing 51 OPINION AND ORDER RULING ON REPORT AND RECOMMENDATION: After a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court overrules Obregon's objections and rejects the #44 Report. Therefore, it is the judgment of the Court Antonelli's motion to dismiss is DISMISSED WITHOUT PREJUDICE; and this case is TRANSFERRED to WDTX for further proceedings. To the extent Obregon requests a certificate of appealability from this Court, that certificate is DENIED. Signed by Honorable Mary Geiger Lewis on 10/22/2020. (prou, ) [Transferred from South Carolina on 10/23/2020.]
October 6, 2020 Filing 48 OBJECTION to #44 Report and Recommendation by Mario Jesus Obregon. Reply to Objections due by 10/20/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(prou, ) [Transferred from South Carolina on 10/23/2020.]
September 17, 2020 Filing 45 ***DOCUMENT MAILED: #44 REPORT AND RECOMMENDATION w/NEF, placed in U.S. Mail from Florence Clerk's Office to Mario Jesus Obregon, #72440-179, Bastrop FCI, PO Box 1010, Bastrop, TX 78602. (prou, ) [Transferred from South Carolina on 10/23/2020.]
September 17, 2020 Filing 44 REPORT AND RECOMMENDATION: The undersigned recommends that the court grant Respondent's Motion to Dismiss, ECF No. #33 , deny the petition for writ of habeas corpus, and dismiss the petition without prejudice. Objections to R&R due by 10/1/2020. 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 Kaymani D West on 9/17/2020. (prou, ) [Transferred from South Carolina on 10/23/2020.]
June 18, 2020 Filing 41 RESPONSE in Opposition re #33 MOTION to Dismiss. Response filed by Mario Jesus Obregon.Reply to Response to Motion due by 6/25/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A - Memorandum for Inmate Population, #2 Envelope)(prou, ) [Transferred from South Carolina on 10/23/2020.]
May 19, 2020 Filing 40 ***DOCUMENT MAILED: 39 Text Order on Motion for Extension of Time to File Response/Reply, placed in U.S. Mail from Florence Clerk's Office to Mario Jesus Obregon, #72440-179, Bastrop FCI, PO Box 1010, Bastrop, TX 78602. (prou, ) [Transferred from South Carolina on 10/23/2020.]
May 19, 2020 Opinion or Order Filing 39 TEXT ORDER granting #38 Motion for Extension of Time to File Response/Reply re #33 MOTION to Dismiss. Plaintiff's Response to Motion is now due by 6/15/2020. Signed by Magistrate Judge Kaymani D West on 5/19/2020.(prou, ) [Transferred from South Carolina on 10/23/2020.]
May 18, 2020 Filing 38 MOTION for Extension of Time to File Response/Reply as to #33 MOTION to Dismiss by Mario Jesus Obregon. Response to Motion due by 6/1/2020. 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)No proposed order.Motions referred to Kaymani D West.(prou, ) [Transferred from South Carolina on 10/23/2020.]
March 25, 2020 Filing 36 ***DOCUMENT MAILED: #35 Roseboro Order w/NEF placed in U.S. Mail from Florence Clerks Office to Mario Jesus Obregon, #72440-179, Bastrop FCI, PO Box 1010, Bastrop, TX 78602. (mcot, ) [Transferred from South Carolina on 10/23/2020.]
March 25, 2020 Opinion or Order Filing 35 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 #33 MOTION to Dismiss. Response to Motion due by 4/27/2020 -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 Kaymani D West on 3/25/2020. (mcot, ) [Transferred from South Carolina on 10/23/2020.]
March 25, 2020 Filing 34 DELETION OF ECF No. 32 Reason: filed as separate entry, but should have been filed as an attachment to ECF No. #33 . Correct Filing -ECF No. #33 (mcot, ) [Transferred from South Carolina on 10/23/2020.]
March 25, 2020 Filing 33 MOTION to Dismiss by B.M. Antonelli. Response to Motion due by 4/8/2020 -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 Certificate of Service) No proposed order. Motions referred to Kaymani D West.(Flynn, Katherine) (Additional attachment(s) added on 3/25/2020: #2 Memo in Support) (mcot, ). Modified on to add attachment to document that was filed as separate document 3/25/2020 (mcot, ). . [Transferred from South Carolina on 10/23/2020.]
March 16, 2020 Filing 31 ***DOCUMENT RE-MAILED: 27 Text Order on Motion for Extension of Time, placed in U.S. Mail from Florence Clerk's Office to Mario Jesus Obregon, #72440-179, Bastrop FCI, PO Box 1010, Bastrop, Texas 78602. (prou, ) [Transferred from South Carolina on 10/23/2020.]
March 16, 2020 Filing 30 NOTICE of Change of Address by Mario Jesus Obregon from Mario Jesus Obregon, #72440-179, FTC Oklahoma City, Federal Transfer Center, P.O. Box 898801, Oklahoma City, OK 73189 **TO** Mario Jesus Obregon, #72440-179, Bastrop FCI, PO Box 1010, Bastrop, Texas 78602. (Attachments: #1 Envelope)(prou, ) [Transferred from South Carolina on 10/23/2020.]
March 11, 2020 Filing 28 ***DOCUMENT MAILED: 27 Text Order on Motion for Extension of Time, placed in U.S. Mail from Florence Clerk's Office to Mario Jesus Obregon, #72440-179, FTC Oklahoma City, Federal Transfer Center, P.O. Box 898801, Oklahoma City, OK 73189. (prou, ) [Transferred from South Carolina on 10/23/2020.]
March 11, 2020 Opinion or Order Filing 27 TEXT ORDER granting #26 Motion for Extension of Time. Respondent's response to Petition is now due March 27, 2020. Signed by Magistrate Judge Kaymani D West on 3/11/2020.(prou, ) [Transferred from South Carolina on 10/23/2020.]
March 11, 2020 Filing 26 MOTION for Extension of Time by B.M. Antonelli. Response to Motion due by 3/25/2020. 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. No proposed order.Motions referred to Kaymani D West.(Flynn, Katherine) [Transferred from South Carolina on 10/23/2020.]
March 2, 2020 Filing 25 NOTICE of Change of Address by Mario Jesus Obregon from Mario Jesus Obregon, #72440-179, Williamsburg - F.C.I., PO Box 340, Salters, SC 29590 **TO** Mario Jesus Obregon, #72440-179, FTC Oklahoma City, Federal Transfer Center, P.O. Box 898801, Oklahoma City, OK 73189. (Attachments: #1 Envelope)(prou, ) [Transferred from South Carolina on 10/23/2020.]
February 21, 2020 Filing 23 Mail Returned as Undeliverable. Addressee: Mario Jesus Obregon, #72440-179, Williamsburg - F.C.I., PO Box 340, Salters, SC 29590. Document Returned: #17 Order 2241 Federal Habeas. (prou, ) [Transferred from South Carolina on 10/23/2020.]
February 18, 2020 Filing 22 CERTIFIED MAIL RECEIPT re #17 Order 2241 Federal Habeas, served on Attorney General of the US on 1/28/2020. (prou, ) [Transferred from South Carolina on 10/23/2020.]
February 3, 2020 Filing 21 NOTICE of Appearance by Katherine Hollingsworth Flynn on behalf of B.M. Antonelli (Flynn, Katherine) (Additional attachment(s) added on 2/4/2020: #1 Certificate of Service) (prou, ). [Transferred from South Carolina on 10/23/2020.]
January 23, 2020 Filing 19 ***DOCUMENT MAILED: #17 Order 2241 Federal Habeas, placed in U.S. Mail via certified mail (article #7014 0150 0000 5030 8657) from Florence Clerk's Office to Attorney General of the US, Dept. Of Justice, Room B-103, 950 Pennsylvania Avenue, Washington, DC 20530-001. (prou, ) [Transferred from South Carolina on 10/23/2020.]
January 23, 2020 Filing 18 ***DOCUMENT MAILED: #17 Order 2241 Federal Habeas w/NEF, placed in U.S. Mail from Florence Clerk's Office to Mario Jesus Obregon, #72440-179, Williamsburg - F.C.I., PO Box 340, Salters, SC 29590. (prou, ) [Transferred from South Carolina on 10/23/2020.]
January 23, 2020 Opinion or Order Filing 17 ORDER authorizing service of process by clerk. Directing petitioner to notify the clerk in writing of any change of address. Signed by Magistrate Judge Kaymani D West on 1/23/2020. (Attachments: #1 Petition)(prou, ) [Transferred from South Carolina on 10/23/2020.]
January 14, 2020 Filing 14 Filing fee: $ 5.00, receipt number SCX400014441. (prou, ) [Transferred from South Carolina on 10/23/2020.]
December 17, 2019 Filing 12 ***DOCUMENTS MAILED: #11 Proper Form Order w/NEF and Form AO 240, placed in U.S. Mail from Florence Clerk's Office to Mario Jesus Obregon, #72440-179, Williamsburg - F.C.I., PO Box 340, Salters, SC 29590. (prou, ) [Transferred from South Carolina on 10/23/2020.]
December 17, 2019 Opinion or Order Filing 11 PROPER FORM ORDER: Case to be brought into proper form by 1/7/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Kaymani D West on 12/17/2019. (prou, ) [Transferred from South Carolina on 10/23/2020.]
December 12, 2019 Filing 5 TRUE DIVISION FOR TRIAL: Florence. (prou, ) [Transferred from South Carolina on 10/23/2020.]
December 12, 2019 Filing 4 ***DOCUMENT MAILED: #3 Case Transferred In - District Transfer, placed in U.S. Mail from Florence Clerk's Office to Mario Jesus Obregon, #72440-179, Williamsburg - F.C.I., PO Box 340, Salters, SC 29590. (prou, ) [Transferred from South Carolina on 10/23/2020.]
December 12, 2019 Filing 3 Case transferred in from District of North Carolina Eastern; Case Number 5:19-hc-02320. Original file certified copy of transfer order and docket sheet received. [Transferred from South Carolina on 10/23/2020.]
December 11, 2019 Opinion or Order Filing 2 ORDER - the court TRANSFERS the action to the United States District Court for the District of South Carolina, where venue is proper. The court has not conducted initial review. Signed by District Judge James C. Dever III on 12/11/2019. Copy sent to petitioner via US Mail. (Indig, A.) [Transferred from North Carolina Eastern on 12/12/2019.] [Transferred from South Carolina on 10/23/2020.]
December 3, 2019 Case Submitted to District Judge James C. Dever III for petition review. (Indig, A.) [Transferred from North Carolina Eastern on 12/12/2019.] [Transferred from South Carolina on 10/23/2020.]
December 2, 2019 Filing 1 PETITION for Writ of Habeas Corpus filed by Mario Jesus Obregon. (Attachments: #1 Memorandum in Support, #2 Envelope) (Indig, A.) [Transferred from North Carolina Eastern on 12/12/2019.] [Transferred from South Carolina on 10/23/2020.]

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Respondent: B.M. Antonelli
Represented By: Katherine Hollingsworth Flynn
Represented By: Mary F. Kruger
Represented By: Kristin K. Bloodworth
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Petitioner: Mario Jesus Obregon
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