Mitchell v. Rickard et al
| William Mitchell |
| Barbara Rickard |
| 1:2018cv01498 |
| December 7, 2018 |
| US District Court for the Southern District of West Virginia |
| Omar J Aboulhosn |
| David A Faber |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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| Document Text |
|---|
| Filing 6 APPLICATION by William Mitchell to Proceed without Prepayment of Fees or Costs with cover letter re: six month statement. (Attachment: #1 Cover Letter) Motion referred to Magistrate Judge Omar J. Aboulhosn. (mk) |
| CASE no longer referred to Magistrate Judge Cheryl A. Eifert. CASE REFERRED TO MAGISTRATE JUDGE Omar J. Aboulhosn pursuant to the #5 Order. (mkw) |
Filing 5
ORDER: Currently pending is Petitioner's #1 Emergency Petition for a Writ of Habeas Corpus (2241). In the course of conducting an initial review of the Petition, the undersigned notes that Petitioner complains exclusively about the conditions of his confinement. Accordingly, his claims are properly brought in a Bivens complaint, and do not provide the basis for a writ of habeas corpus. The Clerk is to re-docket this petition as a complaint under Bivens and reassign the case pursuant to this Court's #4 Standing Order. The Clerk is directed to provide Petitioner with the appropriate forms and instructions for filing a Bivens action. Petitioner is advised that he must either pay the $400 filing fee or submit a completed Application to proceed in forma pauperis. Petitioner must exhaust his administrative remedies prior to seeking judicial intervention. Signed by Magistrate Judge Cheryl A. Eifert on 12/13/2018. (cc: Petitioner w/Bivens packet) (arb)
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| Filing 4 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Omar J. Aboulhosn for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (klc) (Modified on 12/14/2018 to note case is referred to Magistrate Judge Aboulhosn pursuant to #5 order) (mkw). |
| CASE assigned to Judge David A. Faber. (klc) |
| Filing 3 LETTER RESPONSE to William Mitchell, from Clerk, USDC, dated 12/7/2018, enclosing a filed stamp copy of his #1 Emergency Petition for Habeas Corpus 28 USC 2241. (arb) |
| Filing 2 NOTICE to Petitioner of Failure to Remit Filing Fee. (arb) |
| Filing 1 COMPLAINT (Attachment: #1 Mailing Envelope) (arb) (Modified on 12/13/2018 to convert entry to complaint under 1331 Bivens pursuant to the #5 order entered 12/13/18) (mk). |
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| Respondent: Barbara Rickard | |
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| Petitioner: William Mitchell | |
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