McLean v. Vereen
Petitioner: William S McLean, Jr
Respondent: Wendell J Vereen
Case Number: 3:2019cv00104
Filed: June 18, 2019
Court: US District Court for the Northern District of West Virginia
Office: Martinsburg Office
Presiding Judge: Gina M Groh
Referring Judge: Robert W Trumble
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 July 17, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 17, 2019 Filing 61 RETURN RECEIPT as to #60 Order Dismissing Case. SERVICE ACCEPTED on 7/15/2019. (tlg)
July 10, 2019 Opinion or Order Filing 60 ORDER DISMISSING CASE. Signed by Chief Judge Gina M. Groh on 7/10/2019. Copy sent certified mail, return receipt to pro se Petitioner.(tlg) (Additional attachment(s) added on 7/10/2019: #1 Certified Mail Return Receipt) (tlg).
June 26, 2019 Filing 59 RETURN RECEIPT as to #55 Notice (Other). SERVICE ACCEPTED on 6/24/2019. (tlg)
June 26, 2019 Filing 58 RETURN RECEIPT as to #56 Order on Motion for Order to Show Cause, #57 Order on Motion for Reconsideration. SERVICE ACCEPTED on 6/24/2019. (tlg)
June 21, 2019 Opinion or Order Filing 57 ORDER DENYING MOTION TO RECONSIDER. Signed by Magistrate Judge Robert W. Trumble on 6/21/2019. Sent certified mail, return receipt to pro se Petitioner. (tlg) (Additional attachment(s) added on 6/21/2019: #1 Certified Mail Return Receipt) (tlg).
June 21, 2019 Opinion or Order Filing 56 ORDER DENYING MOTIONS TO SHOW CAUSE. Signed by Magistrate Judge Robert W. Trumble on 6/21/2019. Sent certified mail, return receipt to pro se Petitioner. (tlg) (Additional attachment(s) added on 6/21/2019: #1 Certified Mail Return Receipt) (tlg).
June 20, 2019 Filing 55 NOTICE OF DEFICIENT PLEADING AND INTENT TO DISMISS. (Attachments: #1 Court-Approved Forms). Sent certified mail, return receipt to pro se Petitioner.(tlg) (Additional attachment(s) added on 6/20/2019: #2 Certified Mail Return Receipt) (tlg).
June 18, 2019 Filing 54 Case transferred in from District of South Carolina; Case Number 2:18-cv-03600. (tlg)
June 18, 2019 Filing 53 ***DOCUMENT MAILED #52 Order on Report and Recommendation, placed in U.S. Mail to William S McLean, Jr 04259-078 FCI Hazelton PO Box 5000 Bruceton Mills, WV 26525 (hada, ) [Transferred from South Carolina on 6/18/2019.]
June 18, 2019 Opinion or Order Filing 52 ORDER AND OPINION The Court ADOPTS #32 Report and Recommendations as the Order of the Court and TRANSFERS this matter to the U.S. District Court for the Northern District of West Virginia. Signed by Honorable Richard M Gergel on 06/18/2019.(hada, ) [Transferred from South Carolina on 6/18/2019.]
June 5, 2019 Filing 51 ***DOCUMENT MAILED 49 Order on Motion for Extension of Time to File Response/Reply, placed in U.S. Mail to William S McLean, Jr at 04259-078, FCI Hazelton, PO Box 5000, Bruceton Mills, WV 26525 from Charleston Division. (hada, ) [Transferred from South Carolina on 6/18/2019.]
June 4, 2019 Filing 49 TEXT ORDER granting #48 Motion for Extension of Time to File Response/Reply. Petitioner's response to the Motion to Dismiss (Dkt. No. 39) is due by July 1, 2019. Entered at the direction of Magistrate Judge Mary Gordon Baker on 6/4/19.(akob, ) [Transferred from South Carolina on 6/18/2019.]
June 3, 2019 Filing 48 SECOND MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Dismiss and Memorandum in Support by William S McLean, Jr. Response to Motion due by 6/17/2019. 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 Envelope)Motions referred to Mary Gordon Baker.(hada, ) [Transferred from South Carolina on 6/18/2019.]
May 13, 2019 Filing 47 Letter from William S McLean, Jr. (Attachments: #1 Supporting Documents, #2 Envelope) (hada, ) [Transferred from South Carolina on 6/18/2019.]
May 7, 2019 Filing 45 ***DOCUMENT MAILED 44 Order on Motion for Extension of Time to File Response/Reply, placed in U.S. Mail to William S McLean, Jr (hada, ) [Transferred from South Carolina on 6/18/2019.]
May 7, 2019 Filing 44 TEXT ORDER granting #42 Motion for Extension of Time to File Response/Reply. Petitioner's response to the Motion to Dismiss (Dkt. No. 39) is due by May 30, 2019. Entered at the direction of Magistrate Judge Mary Gordon Baker on 5/7/19.(akob, ) [Transferred from South Carolina on 6/18/2019.]
May 6, 2019 Filing 43 MOTION for Teleconference by William S McLean, Jr. Response to Motion due by 5/20/2019. 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 Supporting Documents, #2 Envelope)Motions referred to Mary Gordon Baker.(hada, ) [Transferred from South Carolina on 6/18/2019.]
May 6, 2019 Filing 42 MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Dismiss and Memorandum in Support by William S McLean, Jr. Response to Motion due by 5/20/2019. 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 Envelope)Motions referred to Mary Gordon Baker.(hada, ) [Transferred from South Carolina on 6/18/2019.]
April 23, 2019 Filing 41 ***DOCUMENT MAILED #40 Roseboro Order, placed in U.S. Mail to William S McLean, Jr (hada, ) [Transferred from South Carolina on 6/18/2019.]
April 23, 2019 Opinion or Order Filing 40 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 #39 MOTION to Dismiss and Memorandum in Support by 5/24/2019. 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 Mary Gordon Baker on 04/23/2019. (hada, ) [Transferred from South Carolina on 6/18/2019.]
April 22, 2019 Filing 39 MOTION to Dismiss and Memorandum in Support by Wendell J Vereen. Response to Motion due by 5/6/2019. 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 Exhibit 1, Declaration of Amy J. Williams)No proposed order.Motions referred to Mary Gordon Baker.(Bowens, Barbara) [Transferred from South Carolina on 6/18/2019.]
April 17, 2019 Filing 38 NOTICE of Change of Address by William S McLean, Jr. Address updated in ECF this date. (Attachments: #1 Envelope)(hada, ) [Transferred from South Carolina on 6/18/2019.]
April 17, 2019 Filing 37 RESPONSE in Support re #32 REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus filed by William S McLean, Jr. Response filed by William S McLean, Jr. Note: Clerk's Office sent Petitioner a copy of the public docket, petition and cost of copies letter. (Attachments: #1 Cover Letter, #2 Supporting Documents, #3 Envelope) (hada, ) [Transferred from South Carolina on 6/18/2019.]
April 8, 2019 Filing 36 ***DOCUMENT MAILED 35 Order on Motion for Extension of Time, placed in U.S. Mail to William S. McLean, Jr. (hada, ) [Transferred from South Carolina on 6/18/2019.]
April 4, 2019 Filing 35 TEXT ORDER granting #34 Motion for Extension of Time. Respondent shall file an answer or other response to the pleadings by April 23, 2019. Entered at the direction of Magistrate Judge Mary Gordon Baker on 4/4/19.(akob, ) [Transferred from South Carolina on 6/18/2019.]
April 3, 2019 Filing 34 MOTION for Extension of Time by Wendell J Vereen. Response to Motion due by 4/17/2019. 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. No proposed order.Motions referred to Mary Gordon Baker.(Bowens, Barbara) [Transferred from South Carolina on 6/18/2019.]
April 2, 2019 Filing 33 ***DOCUMENT MAILED #32 REPORT AND RECOMMENDATION and Address update form, placed in U.S. Mail to William S McLean, Jr at Hazelton Federal Correctional Institution, P.O. Box 5000, Bruceton Mills, WV 26525 (per BOP inmate locator). (hada, ) [Transferred from South Carolina on 6/18/2019.]
April 2, 2019 Filing 32 REPORT AND RECOMMENDATION of Magistrate Judge Mary Gordon Baker. It is recommended that the Court transfer this case to the Northern District of West Virginia. Objections to R&R due by 4/16/2019 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 Mary Gordon Baker on 04/02/2019. (hada, ) [Transferred from South Carolina on 6/18/2019.]
March 22, 2019 Filing 31 MOTION to Stay by William S McLean, Jr. Response to Motion due by 4/5/2019. 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 Cover Letter, #2 Envelope) Motions referred to Mary Gordon Baker. (hada, ) [Transferred from South Carolina on 6/18/2019.]
March 22, 2019 Filing 30 Letter from William S McLean, Jr. (Attachments: #1 Envelope) (hada, ) [Transferred from South Carolina on 6/18/2019.]
March 21, 2019 Filing 29 MOTION to Supplement #1 Petition and For Emergency Injunctive Relief by William S McLean, Jr. Response to Motion due by 4/4/2019. 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 Cover Letter, #2 Envelope) Motions referred to Mary Gordon Baker.(hada, ) [Transferred from South Carolina on 6/18/2019.]
March 20, 2019 Filing 28 Letter from William S McLean, Jr. (Attachments: #1 Envelope) (hada, ) [Transferred from South Carolina on 6/18/2019.]
March 11, 2019 Filing 27 MOTION to Compel by William S McLean, Jr. Response to Motion due by 3/25/2019. 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 Supporting Documents, #2 Envelope) Motions referred to Mary Gordon Baker.(hada, ) [Transferred from South Carolina on 6/18/2019.]
March 11, 2019 Filing 26 MOTION to Compel by William S McLean, Jr. Response to Motion due by 3/25/2019. 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 Supporting Documents, #2 Envelope) Motions referred to Mary Gordon Baker.(hada, ) [Transferred from South Carolina on 6/18/2019.]
February 28, 2019 Filing 25 SUMMONS Returned Executed by William S McLean, Jr. Wendell J Vereen served on 2/21/2019, answer due 4/22/2019. (hada, ) [Transferred from South Carolina on 6/18/2019.]
February 27, 2019 Filing 24 DECLARATION by William S McLean, Jr. (Attachments: #1 Supporting Documents, #2 Envelope) (hada, ) [Transferred from South Carolina on 6/18/2019.]
February 27, 2019 Filing 23 MOTION for Reconsideration re 13 Order on Motion for Miscellaneous Relief, by William S McLean, Jr. Response to Motion due by 3/13/2019. 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 Exhibits A - B, #2 Envelope) Motions referred to Mary Gordon Baker.(hada, ) [Transferred from South Carolina on 6/18/2019.]
February 27, 2019 Filing 22 MOTION for Order to Show Cause by William S McLean, Jr. Response to Motion due by 3/13/2019. 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 Exhibit B, #2 Envelope)Motions referred to Mary Gordon Baker.(hada, ) [Transferred from South Carolina on 6/18/2019.]
February 27, 2019 Filing 21 MOTION for Order to Show Cause by William S McLean, Jr. Response to Motion due by 3/13/2019. 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 Exhibit A, #2 Envelope)Motions referred to Mary Gordon Baker.(hada, ) [Transferred from South Carolina on 6/18/2019.]
February 27, 2019 Filing 20 MOTION for Order to Show Cause by William S McLean, Jr. Response to Motion due by 3/13/2019. 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 Envelope) Motions referred to Mary Gordon Baker. (hada, ) [Transferred from South Carolina on 6/18/2019.]
February 27, 2019 Filing 19 ***DOCUMENT MAILED 17 Order, 18 Order on Motion to Produce, placed in U.S. Mail to William S McLean, Jr (hada, ) [Transferred from South Carolina on 6/18/2019.]
February 26, 2019 Filing 18 TEXT ORDER denying #16 Motion to Produce. Petitioner asks the Court to order Respondent to produce Petitioner's "legal property." This motion is denied without prejudice, as Petitioner has failed to give sufficient explanation as to why Respondent should be compelled to produce his "legal property." Entered at the direction of Magistrate Judge Mary Gordon Baker on 2/26/19.(akob, ) [Transferred from South Carolina on 6/18/2019.]
February 26, 2019 Filing 17 TEXT ORDER. Petitioner has filed a #15 Letter asking the Court to take judicial notice that Respondent is keeping him from making copies of legal documents, thereby depriving him of the ability to serve Respondent. As an initial matter, per the Court's February 12, 2019 Order, Petitioner is not responsible for service. (Dkt. No. 8 at 1.) Rather, the "Clerk of Court shall serve the pleadings... upon Respondent." (Id.) In addition, to the extent Petitioner is filing the letter as a motion under Rule 201(c)(2) of the Federal Rules of Evidence, the Court finds it inappropriate to take judicial notice. Rule 201 applies to notice of "adjudicative facts." It is questionable whether the purported fact at issue here is such a fact, but in any event, the Court may take judicial notice only of a fact that is "not subject to reasonable dispute," either because it is generally known or or because it can be accurately determined by sources whose accuracy cannot reasonably be questioned. Fed. R. Evid. 201(b). The fact here does not meet those criteria. Therefore, Petitioner's motion is denied. Entered at the direction of Magistrate Judge Mary Gordon Baker on 2/26/19. (akob, ) [Transferred from South Carolina on 6/18/2019.]
February 25, 2019 Filing 16 MOTION to Produce by William S McLean, Jr. Response to Motion due by 3/11/2019. 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 Envelope) Motions referred to Mary Gordon Baker. (hada, ) [Transferred from South Carolina on 6/18/2019.]
February 25, 2019 Filing 15 Letter from William S McLean, Jr (Captioned as Motion to take Notice). (Attachments: #1 Envelope) (hada, ) [Transferred from South Carolina on 6/18/2019.]
February 15, 2019 Filing 14 ***DOCUMENT MAILED 13 Order on MOTION to take Judicial Notice under Federal Rule of Evidence 201(c)(2), placed in U.S. Mail to William S McLean, Jr. (hada, ) [Transferred from South Carolina on 6/18/2019.]
February 15, 2019 Filing 13 TEXT ORDER: Petitioner has filed a motion asking the Court to take judicial notice that he sent Respondent a settlement offer. (Dkt. No. 12) The Court liberally interprets the motion as one under Rule 201(c)(2) of the Federal Rules of Evidence. The Court finds it inappropriate to take judicial notice. Rule 201 applies to notice of "adjudicative facts." It is questionable whether the purported fact at issue here is such a fact, but in any event, the Court may take judicial notice only of a fact that is "not subject to reasonable dispute," either because it is generally known or or because it can be accurately determined by sources whose accuracy cannot reasonably be questioned. Fed. R. Evid. 201(b). The fact here does not meet those criteria. Therefore, Petitioner's motion is denied. Entered at the direction of Magistrate Judge Mary Gordon Baker on 02/15/2019. (hada, ) [Transferred from South Carolina on 6/18/2019.]
February 14, 2019 Filing 12 MOTION to take Judicial Notice under Federal Rule of Evidence 201(c)(2) by William S McLean, Jr. Response to Motion due by 2/28/2019. 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 Envelope) Motions referred to Mary Gordon Baker. (hada, ) [Transferred from South Carolina on 6/18/2019.]
February 12, 2019 Filing 11 ***DOCUMENT MAILED #8 Order 2241 Federal Habeas, Petition and Supplement, placed in U.S. Mail to U.S. Attorney General. (Certified Receipt# 7007 0220 0004 0679 2022). (hada, ) [Transferred from South Carolina on 6/18/2019.]
February 12, 2019 Filing 10 ***DOCUMENT MAILED 9 Order on Motion for Leave to Proceed in forma pauperis, ORDER, #8 Order 2241 Federal Habeas, placed in U.S. Mail to William S McLean, Jr (hada, ) [Transferred from South Carolina on 6/18/2019.]
February 12, 2019 Opinion or Order Filing 9 REFERENCE ORDER granting #6 Motion for Leave to Proceed in forma pauperis and #7 Motion to Supplement #1 2241 petition. Signed by Magistrate Judge Mary Gordon Baker on 02/12/2019. (hada, ) [Transferred from South Carolina on 6/18/2019.]
February 12, 2019 Opinion or Order Filing 8 ORDER authorizing service of process by clerk. Apprising the respondent of deadline for filing dispositive motions and directing petitioner to notify the clerk in writing of any change of address. Signed by Magistrate Judge Mary Gordon Baker on 02/12/2019. (Attachments: #1 Petition, #2 Supplement to Petition) (hada, ) [Transferred from South Carolina on 6/18/2019.]
February 7, 2019 Filing 7 MOTION to Supplement #1 2241 petition by William S McLean, Jr. (Attachments: #1 Envelope) Motions referred to Mary Gordon Baker. (hada, ) Modified to correct event type on 2/12/2019 (hada, ). [Transferred from South Carolina on 6/18/2019.]
February 7, 2019 Filing 6 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by William S McLean, Jr. (Attachments: #1 Envelope) Motions referred to Mary Gordon Baker. (hada, ) [Transferred from South Carolina on 6/18/2019.]
January 29, 2019 Filing 4 ***DOCUMENT MAILED #3 Proper Form Order with required documents, placed in U.S. Mail to William S. McLean, Jr. (hada, ) [Transferred from South Carolina on 6/18/2019.]
January 29, 2019 Opinion or Order Filing 3 PROPER FORM ORDER Case to be brought into proper form by 2/19/2019. 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 01/29/2019. (hada, ) [Transferred from South Carolina on 6/18/2019.]
December 28, 2018 Filing 1 PETITION for Writ of Habeas Corpus, filed by William S McLean, Jr. (Attachments: #1 Envelope)(hada, ) [Transferred from South Carolina on 6/18/2019.]

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Petitioner: William S McLean, Jr
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Respondent: Wendell J Vereen
Represented By: Barbara Murcier Bowens
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