Ortiz-Vargas v. Brown
Petitioner: Efrain Ortiz-Vargas
Respondent: Warden R. Brown
Case Number: 5:2023cv00318
Filed: October 13, 2023
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. ยง 2241 Petition for Writ of Habeas Corpus (Federal)
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 5, 2023 Filing 14 CLERK'S JUDGMENT. Signed by Clerk of Court on 12/5/23. (Pro Se Petitioner via CM/rrr) (lmm) (Additional attachment(s) added on 12/5/2023: #1 Certified Mail Return Receipt) (lmm).
December 5, 2023 Opinion or Order Filing 13 ORDER DISMISSING PETITION. Respondent's #9 Motion to Dismiss, or in the Alternative, Motion for Summary Judgment is GRANTED and the pending #1 petition is DENIED and DISMISSED WITHOUT PREJUDICE. This Court further DIRECTS the Clerk to enter judgment in favor of the respondent and to STRIKE this case from the active docket of this Court. Signed by District Judge John Preston Bailey on 12/5/23. (Pro Se Petitioner via CM/rrr) (lmm) (Additional attachment(s) added on 12/5/2023: #1 Certified Mail Return Receipt) (lmm).
December 4, 2023 Filing 12 REPLY TO #9 MOTION TO DISMISS OR ITS ALTERNATIVE FOR SUMMARY JUDGMENT filed by Efrain Ortiz-Vargas. (Attachments: #1 Administrative Remedy documents, #2 Envelope)(lmm)
November 20, 2023 Filing 11 RETURN RECEIPT as to #10 Order. SERVICE ACCEPTED on 11/13/23 per USPS. (lmm)
November 9, 2023 Opinion or Order Filing 10 ORDER AND ROSEBORO NOTICE re #9 MOTION to Dismiss , or in the Alternative, Motion for Summary Judgment filed by R. Brown. Within 21 days from the date of this Order, the pro se party shall file any opposition to the motion. Signed by Magistrate Judge James P. Mazzone on 11/9/23. (Pro Se Petitioner via CM/rrr) (lmm) (Additional attachment(s) added on 11/9/2023: #1 Certified Mail Return Receipt) (lmm).
November 8, 2023 Filing 9 MOTION to Dismiss , or in the Alternative, Motion for Summary Judgment by R. Brown. (Attachments: #1 Exhibit Memorandum in Support, #2 Exhibit Declaration, #3 Attachment A, #4 Attachment B, #5 Attachment C, #6 Attachment D)(McKee (USA), Morgan)
October 25, 2023 Filing 8 NOTICE of Appearance by Morgan McKee (USA) on behalf of R. Brown (McKee (USA), Morgan)
October 20, 2023 Filing 7 RETURN RECEIPT as to 3 Notice. SERVICE ACCEPTED on 10/18/23 per USPS. (lmm)
October 20, 2023 Filing 6 RETURN RECEIPT as to #4 Order to Show Cause,. SERVICE ACCEPTED on 10/18/23 per USPS. (lmm)
October 18, 2023 Filing 5 RETURN RECEIPT as to #2 Notice. SERVICE ACCEPTED on 10/16/23 per USPS. (lmm)
October 16, 2023 Opinion or Order Filing 4 ORDER TO SHOW CAUSE WHY THE PETITION SHOULD NOT BE GRANTED. Signed by Magistrate Judge James P. Mazzone on 10/16/23. (Pro Se Petitioner via CM/rrr; AUSA via US Mail)(lmm) (Additional attachment(s) added on 10/16/2023: #1 Certified Mail Return Receipt) (lmm).
October 16, 2023 Filing 3 CLERK'S PAPERLESS NOTICE: Filing fee of $5.00 paid in case 5:23-CV-306 to be applied to new case 5:23-CV-318 pursuant to Order Dismissing Case Following Notice of Intent to Dismiss entered on 10/16/2023 in case 5:23-cv-306. (Pro Se Petitioner via CM/rrr via CM#7022 0410 0002 2769 7919) (lmm)
October 13, 2023 Filing 2 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. (Pro Se Petitioner via CM/rrr) (lmm) (Additional attachment(s) added on 10/13/2023: #1 Certified Mail Return Receipt) (lmm).
October 13, 2023 Filing 1 PETITION for Writ of Habeas Corpus against R. Brown, filed by Efrain Ortiz-Vargas. (Attachments: #1 Resolution Form, #2 Envelope)(lmm)

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Petitioner: Efrain Ortiz-Vargas
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Respondent: Warden R. Brown
Represented By: Morgan McKee (USA)
Represented By: Christopher James Prezioso
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