Leffebre v. Garland et al
Petitioner: Andre David Leffebre and Charles Kerr
Respondent: US Attorney General Merit Garland and FBOP Director M. D. Carvajal
Case Number: 5:2021cv00057
Filed: April 16, 2021
Court: US District Court for the Northern District of West Virginia
Presiding Judge: John Preston Bailey
Referring Judge: James P Mazzone
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 11, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 11, 2021 Filing 19 ADVANCED NOTICE OF APPEAL by Andre David Leffebre re #13 REPORT AND RECOMMENDATIONS. (Attachments: #1 Envelope, #2 Back of envelope)(lmm)
June 11, 2021 Filing 18 OBJECTION TO THE MAGISTRATE'S #13 Report and Recommendations. (Attachments: #1 Envelope, #2 Back of envelope)(lmm)
June 10, 2021 Opinion or Order Filing 17 ORDER GRANTING #16 MOTION FOR EXTENSION OF TIME. Response due by 6/22/2021. Signed by District Judge John Preston Bailey on 6/10/21. (Pro Se Petitioner via CM/rrr) (lmm) (Additional attachment(s) added on 6/10/2021: #1 Certified Mail Return Receipt) (lmm).
June 7, 2021 Filing 16 MOTION FOR EXTENSION OF TIME IN THE OBJECTIONS TO MAGISTRATES #13 REPORT AND RECOMMENDATIONS filed by Andre David Leffebre. (Attachments: #1 Envelope)(lmm)
June 2, 2021 Filing 15 RETURN RECEIPT as to #13 REPORT AND RECOMMENDATIONS. SERVICE ACCEPTED on 5/27/21 per USPS. (lmm)
June 1, 2021 Filing 14 OBJECTIONS TO MAGISTRATE DENIAL OF ORDER re #13 Report and Recommendations. (Attachments: #1 Notice of Mail Theft, #2 Docket Sheet, #3 Cover Letter, #4 Envelope)(lmm)
May 30, 2021 IMPORTANT NOTICE: The United States District Court for the Northern District of West Virginia (WVND) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on July 19, 2021. Complete information regarding the WVND NextGen CM/ECF implementation can be found #here.Currently, many attorneys within a firm may share a single PACER account. This will no longer be allowed with the New WVND NextGen CM/ECF system because each attorney must have an individual upgraded PACER account that will be linked to their e-filing account. Shared PACER accounts cannot be used by WVND e-filing attorneys once the WVND NextGen CM/ECF system is implemented. Preparing for NextGen CM/ECF is a two-step process. Step one is to upgrade your PACER account, and step two is to link your upgraded PACER account to the WVND e-filing account in the upgraded NextGen CM/ECF system. This notice only addresses the first step because the second step cant be completed until on or after July 19, 2021. The first step is to check and see if your PACER account is an upgraded PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have un upgraded PACER account and no action is required until after the WVND NextGen CM/ECF upgrade occurs on July 19, 2021: 1) You have a an upgraded PACER account for another NextGen court; or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WVND CM/ECF account for your new NextGen CM/ECF account. Additional notices will be sent later detailing how to handle the second step in this process. If you still have questions, please contact the PACER Service Center at 800-676-6856 or the WVND Clerks Office CM/ECF Help Desk at (304) 267-5682. (cmd) (ADI)
May 24, 2021 Filing 13 REPORT AND RECOMMENDATION: it is RECOMMENDED that the #1 Petition for Writ of Habeas Corpus, filed by Andre David Leffebre be DENIED and DISMISSED WITHOUT PREJUDICE FOR LACK OF JURISDICTION. Written objections shall be filed within fourteen days from the date of service of this Report and Recommendation. Failure to file written objections shall constitute a waiver of de novo review by the District Court and a wavier of appellate review by the Circuit Court of Appeals. Signed by Magistrate Judge James P. Mazzone on 5/24/2021. (copy to pro se petitioner via cm,rrr) (nmm) (Additional attachment(s) added on 5/25/2021: #1 Certified Mail Return Receipt) (nmm).
May 17, 2021 Filing 12 RETURN RECEIPT as to #8 ORDER DENYING MOTION FOR AN EXTENSION OF TIME TO PAY FILING FEE AS MOOT AND DENYING HIS REQUEST FOR AN ORDER THAT HE BE PERMITTED TO PURCHASE OR UTILIZE A PEN.. SERVICE ACCEPTED on 5/11/2021. (nmm)
May 17, 2021 Filing 11 NOTICE OF COURT PAYMENT - FEE PETITON WRIT OF HABEAS CORPUS by Andre David Leffebre. (Attachments: #1 Ledger Sheet, #2 Envelope)(ag)
May 11, 2021 Filing 10 LETTER from Deputy Clerk to Andre David Leffebre regarding copies requested. (letter sent per PSLC request) (Attachments: #1 Public Docket Sheet)(nmm)
May 10, 2021 Filing 9 LETTER from Andre Leffebre to District Clerk requesting Appendix of Evidence (previously sent on 5/6/21 by K. Criswell) and status of Motion for Extension of Time (public docket sheet sent this day via us mail). (Attachments: #1 Envelope)(nmm)
May 6, 2021 Opinion or Order Filing 8 ORDER DENYING #7 MOTION FOR AN EXTENSION OF TIME TO PAY FILING FEE AS MOOT AND DENYING HIS REQUEST FOR AN ORDER THAT HE BE PERMITTED TO PURCHASE OR UTILIZE A PEN. Signed by Magistrate Judge James P. Mazzone on 5/6/21. (Pro Se Petitioner via CM/rrr) (lmm) (Additional attachment(s) added on 5/6/2021: #1 Certified Mail Return Receipt) (lmm).
May 5, 2021 Filing 7 MOTION FOR EXTENSION OF TIME AND MOTION FOR "COURT ORDER" RULE by Andre David Leffebre. (Attachments: #1 Cover Letter, #2 Envelope)(copy to K. Criswell re the Appendix to the Local Rules) (lmm)
April 26, 2021 Filing 6 LETTER from Andre Leffebre to Ms. C.D. Riley, Clerk requesting copy of #1 Petition for Writ of Habeas Corpus, and Local Rules, filed by Andre David Leffebre. (copies provided via US Mail) (Attachments: #1 Envelope)(nmm)
April 22, 2021 Filing 5 RETURN RECEIPT as to #2 NOTICE OF DEFICIENT PLEADING and #3 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE. SERVICE ACCEPTED on 4/19/2021 (per usps website). (nmm)
April 19, 2021 Filing 4 Filing fee: $ 5.00, receipt number WVNE016529 (nmm) (Main Document 4 replaced on 4/20/2021 to correct purpose code) (cnd).
April 16, 2021 Filing 3 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE. (ag)(pro se PET CM rrr) (Additional attachment(s) added on 4/16/2021: #1 Certified Mail Return Receipt) (ag).
April 16, 2021 Filing 2 NOTICE OF DEFICIENT PLEADING. (Attachments: #1 2241 IFP and PTAR forms)(ag)(pro se PET CM rrr) (Additional attachment(s) added on 4/16/2021: #2 Certified Mail Return Receipt) (ag).
April 16, 2021 Filing 1 PETITION for Writ of Habeas Corpus against M. D. Carvajal, Merit Garlandfiled by Andre David Leffebre. (Attachments: #1 Evidence A1 - Indictment (G-05-09), #2 Evidence B1 - Objections to Admissibility, #3 Evidence C1 - Indictmet "Superseding" (1:06-cr-55), #4 Evidence D2 - Letter to Mr. Barlow (Attorney), #5 Evidence E3 - 1/16/2008 Transcript, #6 Evidence F4 - 3/19/2008 Transcript, #7 Evidence G5 - Information Request (No. 07-41204), #8 Evidence H6 - US Appeal Court 5th Circuit (No. 19-40786), #9 Evidence I7 - US Appeal Court 5th Circuit (No. 16-41283), #10 Envelope)(ag)

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Petitioner: Andre David Leffebre
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Petitioner: Charles Kerr
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Respondent: US Attorney General Merit Garland
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Respondent: FBOP Director M. D. Carvajal
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