Morrison-Mitchell v. FCI Berlin, Warden
Petitioner: Gabriel Daniel Morrison-Mitchell
Respondent: FCI Berlin, Warden
Case Number: 3:2019cv00160
Filed: September 27, 2019
Court: US District Court for the Northern District of West Virginia
Presiding Judge: Gina M Groh
Referring Judge: Robert W Trumble
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 22, 2019 Filing 29 RESPONSE to the Government's Motion to Dismiss re: #13 MOTION to Dismiss filed by Gabriel Daniel Morrison-Mitchell. (Attachments: #1 Letter from USPO dated 04/05/2019, #2 Letter to clerk, and #3 Envelope) Copy of public docket sheet from this case and case 5:19-cv-306 with 2241 packet mailed to pro se petitioner. (cwm)
November 20, 2019 Filing 28 RETURN RECEIPT as to #27 Order Dismissing Case. SERVICE ACCEPTED on 11/18/2019. (cwm)
November 14, 2019 Opinion or Order Filing 27 ORDER DISMISSING CASE. Signed by Chief Judge Gina M. Groh on 11/14/2019. Copy mailed to pro se petitioner by CMRR. (cwm) (Additional attachment(s) added on 11/14/2019: #1 Certified Mail Return Receipt) (cwm).
October 2, 2019 Filing 26 RETURN RECEIPT as to #25 NOTICE OF DEFICIENT PLEADING AND INTENT TO DISMISS. SERVICE ACCEPTED on 09/30/2019 per USPS website. (cwm)
September 27, 2019 Filing 25 NOTICE OF DEFICIENT PLEADING AND INTENT TO DISMISS. (Attachment: #1 Court-Approved 2241 Forms) Original notice and forms mailed to pro se petitioner by CMRR. (cwm) (Additional attachment(s) added on 9/27/2019: #2 Certified Mail Return Receipt) (cwm).
September 27, 2019 Filing 24 Case transferred in from District of New Hampshire; Case Number 1:18-cv-00580. (cwm)
September 24, 2019 Civil Case Terminated. (jb) [Transferred from New Hampshire on 9/27/2019.]
September 24, 2019 Opinion or Order ENDORSED ORDER denying as moot #13 Motion to Dismiss. Text of Order: Denied as moot. So Ordered by Judge Joseph N. Laplante.(jb) [Transferred from New Hampshire on 9/27/2019.]
September 24, 2019 Opinion or Order Filing 23 ORDER re transfer of case. For the reasons outlined, the clerk's office is directed to transfer this case to the Northern District of West Virginia. So Ordered by Magistrate Judge Andrea K. Johnstone.(jb) [Transferred from New Hampshire on 9/27/2019.]
September 23, 2019 Filing 22 Consent to Transfer by Gabriel Daniel Morrison-Mitchell (Attachments: #1 Envelope)(jb) [Transferred from New Hampshire on 9/27/2019.]
September 23, 2019 Filing 21 Notice of Consent by FCI Berlin, Warden(Aframe, Seth) [Transferred from New Hampshire on 9/27/2019.]
September 12, 2019 Opinion or Order ENDORSED ORDER re #13 Motion to Dismiss. Text of Order: The Respondent, FCI Berlin Warden Robert Hazlewood, has filed a motion to dismiss (Doc. No. #13 ) the 28 U.S.C. 2241 petition (Doc. No. #1 ) filed in this action by Petitioner Gabriel Daniel Morrison-Mitchell, on the grounds that Morrison-Mitchell's transfer from FCI Berlin to FCI Hazelwood (which occurred after Morrison-Mitchell filed this action) deprives this court of jurisdiction in this case. Morrison-Mitchell has filed a response (Doc. No. #20 ), objecting to the dismissal of his petition, and asking this court to transfer this case to the Northern District of West Virginia, the federal judicial district in which he is presently incarcerated. Under 28 U.S.C. 1404(a), [f]or the convenience of parties and witnesses, in the interest of justice this court may transfer this action to the Northern District of West Virginia if the petition could have been brought in that court originally, or if all parties have consented to such a transfer. Id. The respondent is directed to notify the court, within seven days of the date of this Order, as to whether he will consent to the transfer of this matter to the Northern District of West Virginia. So Ordered by Judge Joseph N. Laplante.(jb) [Transferred from New Hampshire on 9/27/2019.]
June 19, 2019 Notice regarding #13 MOTION to Dismiss: Pursuant to Local Rule 72.1, this motion has been referred to Magistrate Judge Andrea K. Johnstone for proposed findings of fact and a recommendation as to its disposition. Any such findings and recommendations shall be filed with the Court and a copy shall forthwith be served on all parties. (jb) [Transferred from New Hampshire on 9/27/2019.]
June 6, 2019 Filing 20 RESPONSE to #13 Government's MOTION to Dismiss filed by Gabriel Daniel Morrison-Mitchell. (Attachments: #1 Envelope)(jb) [Transferred from New Hampshire on 9/27/2019.]
May 6, 2019 Opinion or Order ENDORSED ORDER granting #18 Motion to Extend Time to Object/Respond re #13 Motion to Dismiss. Text of Order: Petitioner Gabriel Morrison-Mitchell's motion (Doc. No. #18 ) for an extension of time in which to respond to the respondent's motion to dismiss (Doc. No. #13 ) is GRANTED. The deadline to file a response to the motion to dismiss is extended until June 3, 2019. So Ordered by Magistrate Judge Andrea K. Johnstone. Follow up on Objection on 6/3/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(jb) [Transferred from New Hampshire on 9/27/2019.]
May 6, 2019 Opinion or Order ENDORSED ORDER denying as moot #17 MOTION/ Request for Government's Motion to Dismiss. Text of Order: Petitioner Gabriel Morrison-Mitchell has advised the court that he has been transferred to FCI Hazelton, but has not received a copy of the respondents February 22, 2019 motion to dismiss (Doc. No. #13 ), and has filed a motion (Doc. No. #17 ) for a copy of the motion to dismiss. As the respondent has notified the court that it has mailed another copy of the motion to Morrison-Mitchell at FCI Hazelton, Morrison-Mitchells motion for a copy (Doc. No. #17 ) is DENIED as moot, without prejudice to his ability to seek such relief if the mailed motion fails to reach him. So Ordered by Magistrate Judge Andrea K. Johnstone.(jb) [Transferred from New Hampshire on 9/27/2019.]
May 1, 2019 Filing 19 Response to Request for Government's Motion to Dismiss by FCI Berlin, Warden(Aframe, Seth) [Transferred from New Hampshire on 9/27/2019.]
April 25, 2019 Filing 18 MOTION to Extend Deadline to Object/Respond to #13 MOTION to Dismiss filed by Gabriel Daniel Morrison-Mitchell. Follow up on Objection on 5/9/2019. (Attachments: #1 Envelope)(jb) [Transferred from New Hampshire on 9/27/2019.]
April 25, 2019 Filing 17 MOTION/ Request for Government's Motion to Dismiss filed by Gabriel Daniel Morrison-Mitchell. Follow up on Objection on 5/9/2019. (Attachments: #1 Envelope)(jb) [Transferred from New Hampshire on 9/27/2019.]
April 15, 2019 Filing 16 Letter to Gabriel Daniel Morrison-Mitchell from Deputy Clerk re: status of case (jb) [Transferred from New Hampshire on 9/27/2019.]
April 11, 2019 Filing 15 NOTICE of Change of Address (Attachments: #1 Envelope)(jb) Modified on 4/15/2019 to update receipt date to 4/11/2019. (jb). [Transferred from New Hampshire on 9/27/2019.]
March 14, 2019 Opinion or Order ENDORSED ORDER re #13 Motion to Dismiss. Text of Order: Petitioner Gabriel Morrison-Mitchell has notified the court of a recent change in address, and that he is presently in a detention facility in Philadelphia awaiting transfer to FCI Hazelton in West Virginia. Morrison-Mitchell does not know when he will arrive at FCI Hazelton or when he will have access to his legal material, which he has not had since he was removed from FCI Berlin sometime between November 18, 2018 and January 7, 2019. To ensure that Morrison-Mitchell has the ability to properly respond to the pending motion to dismiss his petition, the court, sua sponte, extends the deadline for filing a response until May 14, 2019. If Morrison-Mitchell is unable to respond by that date, due to being in transit, not having his legal materials, or for any other reason, he must file a motion to extend that deadline explaining why he cannot file his response by that date. So Ordered by Magistrate Judge Andrea K. Johnstone.(jb) [Transferred from New Hampshire on 9/27/2019.]
March 4, 2019 Filing 14 NOTICE of Change of Address Gabriel Daniel Morrison-Mitchell (Attachments: #1 Envelope)(jb) [Transferred from New Hampshire on 9/27/2019.]
February 22, 2019 Filing 13 MOTION to Dismiss filed by FCI Berlin, Warden. Follow up on Objection on 3/8/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Aframe, Seth) [Transferred from New Hampshire on 9/27/2019.]
February 12, 2019 Opinion or Order ENDORSED ORDER granting #12 Motion to Extend Time to Reply to Government's Response. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb) [Transferred from New Hampshire on 9/27/2019.]
February 5, 2019 Filing 12 MOTION to Extend Time to Reply to Government's Response filed by Gabriel Daniel Morrison-Mitchell. Follow up on Objection on 2/19/2019. (Attachments: #1 Envelope)(jb) [Transferred from New Hampshire on 9/27/2019.]
February 5, 2019 Filing 11 Letter/NOTICE of Change of Address from Gabriel Daniel Morrison-Mitchell (Attachments: #1 Envelope)(jb) [Transferred from New Hampshire on 9/27/2019.]
February 1, 2019 Opinion or Order ENDORSED ORDER granting #10 Motion to Extend Time to Answer to March 4, 2019 re #1 Petition for Writ of Habeas Corpus - 2241. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Answer Follow Up on 3/4/2019. (jb) [Transferred from New Hampshire on 9/27/2019.]
January 31, 2019 Filing 10 MOTION to Extend Time to Answer to March 4, 2019 filed by FCI Berlin, Warden. Follow up on Objection on 2/14/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Aframe, Seth) [Transferred from New Hampshire on 9/27/2019.]
January 8, 2019 Opinion or Order ENDORSED ORDER granting #8 Motion to Extend Time to Answer to January 26m 2019 re #1 Petition for Writ of Habeas Corpus - 2241. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Answer Follow Up on 1/28/2019. (jb) [Transferred from New Hampshire on 9/27/2019.]
January 7, 2019 Filing 9 NOTICE of Mail Returned - Return to Sender - Not Deliverable as Addressed - Unable to Forward re Order on Motion for Extension of Time to Answer.(jb) [Transferred from New Hampshire on 9/27/2019.]
December 21, 2018 Opinion or Order ENDORSED ORDER taking under advisement #8 Motion to Extend Time to Answer to January 26, 2019 re #1 Petition for Writ of Habeas Corpus - 2241. Text of Order: Under advisement (with provisional extension allowed) pending receipt of objection or response. So Ordered by Judge Joseph N. Laplante.(jb) [Transferred from New Hampshire on 9/27/2019.]
December 21, 2018 Filing 8 MOTION to Extend Time to Answer to January 26, 2019 filed by FCI Berlin, Warden. Follow up on Objection on 1/4/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Aframe, Seth) [Transferred from New Hampshire on 9/27/2019.]
November 19, 2018 Filing 7 Letter to Clerk of Court from Gabriel Daniel Morrisson-Mitchell re: notice of transfer from facility (Attachments: #1 Envelope) (jb) [Transferred from New Hampshire on 9/27/2019.]
November 6, 2018 Filing 5 Return of Service Executed (signed, undated) as to FCI Berlin, Warden (jb) [Transferred from New Hampshire on 9/27/2019.]
November 5, 2018 Filing 6 Return of Service Executed as to AG/FCI Berlin, Warden. (jb) [Transferred from New Hampshire on 9/27/2019.]
October 31, 2018 Filing 4 NOTICE of Attorney Appearance by Seth R. Aframe on behalf of FCI Berlin, Warden Attorney Seth R. Aframe added to party FCI Berlin, Warden(pty:res).(Aframe, Seth) [Transferred from New Hampshire on 9/27/2019.]
October 26, 2018 Opinion or Order Filing 3 ORDER Directing Clerk to Make Service. Clerk shall deliver copy of petition and this order to the U.S. Attorney's Office for the District of New Hampshire, and send the same documents via certified mail to the Attorney General of the United States and Warden Hazlewood. Respondent to respond within 60 days of the date of service on the United States Attorney as outlined. So Ordered by Magistrate Judge Andrea K. Johnstone.(jb) [Transferred from New Hampshire on 9/27/2019.]
June 29, 2018 Opinion or Order ENDORSED ORDER granting 2 Application to Proceed Without Prepayment of Fees or Costs. Text of Order: Plaintiff's request to proceed without prepayment of fees or costs is hereby granted, but only for the purpose of waiving the filing fee. So Ordered by Magistrate Judge Andrea K. Johnstone. (lml) [Transferred from New Hampshire on 9/27/2019.]
June 28, 2018 NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (lml) [Transferred from New Hampshire on 9/27/2019.]
June 28, 2018 NOTICE of Filing - Case filed under 28 U.S.C. 2241. A copy of the petition has been electronically sent via ECF to your office. No further action is required by the United States Attorney unless directed by the presiding judge.(lml) [Transferred from New Hampshire on 9/27/2019.]
June 25, 2018 Case assigned to Chief Judge Joseph N. Laplante. The case designation is: 1:18-cv-580-JL. Please show this number with the judge designation on all future pleadings. (lml) [Transferred from New Hampshire on 9/27/2019.]
June 25, 2018 Filing 1 Petition for Writ of Habeas Corpus under 28 USC 2241 filed by Gabriel Daniel Morrison-Mitchell. Date petition received: 6/25/2018. (Attachments: #1 Attachments to Petition, #2 Exhibits to Petition, #3 Envelope 1, #4 Envelope 2)(lml)[Transferred from New Hampshire on 9/27/2019.]

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Petitioner: Gabriel Daniel Morrison-Mitchell
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Respondent: FCI Berlin, Warden
Represented By: Seth R. Aframe
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