Chavez v. Warden, FCI McDowell
Petitioner: Jorge Chavez
Respondent: Warden, FCI McDowell, United States of America and Warden, Moshannon Valley Correctional Institution
Case Number: 1:2021cv00317
Filed: May 27, 2021
Court: US District Court for the Southern District of West Virginia
Presiding Judge: David A Faber
Referring Judge: Dwane L Tinsley
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 4, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 27, 2021 Opinion or Order Filing 22 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 Dwane L. Tinsley for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (klc)
May 27, 2021 Opinion or Order Filing 21 CASE TRANSFERRED IN from the Pennsylvania Western; Case Number 3:20-cv-00240. Original file certified copy of transfer order and docket sheet received.
May 27, 2021 Opinion or Order Filing 20 PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number 24668069214), filed by JORGE CHAVEZ. (Attachments: #1 Exhibit) (sms) [Transferred from Pennsylvania Western on 5/27/2021.]
May 27, 2021 Opinion or Order Filing 19 MEMORANDUM ORDER. It is ORDERED that the Clerk of Court shall: 1. reopen the case and file Chavez's petition (ECF No. #1 ); 2. terminate "Warden, Moshannon Valley Correctional Institution" as the Respondent in this case and substitute in his or her place "Warden, FCI McDowell"; and 3. transfer forthwith this case to the United States District Court for the Southern District of West Virginia. Signed by Magistrate Judge Patricia L. Dodge on 5/27/2021. (sms) [Transferred from Pennsylvania Western on 5/27/2021.]
May 27, 2021 Opinion or Order CASE assigned to Senior Judge David A. Faber. (klc)
May 25, 2021 Opinion or Order Filing 18 Filing fee: $5.00, receipt number 24668069214 (cel) [Transferred from Pennsylvania Western on 5/27/2021.]
April 16, 2021 Opinion or Order Filing 17 NOTICE to Petitioner regarding Notice of Change of Address. (mqe) [Transferred from Pennsylvania Western on 5/27/2021.]
April 6, 2021 Opinion or Order Filing 15 NOTICE in response to Petitioner's #4 4/1/21 correspondence inquiring about the status of this habeas case. Petitioner is advised that this case remains administratively closed because he has not filed a motion for leave to proceed in forma pauperis or paid the $5.00 filing fee. If Petitioner wants to reopen this case and litigate this habeas action he must, by 5/6/21: (1) pay the $5.00 filing fee; OR (2) file a motion for leave to proceed in forma pauperis along with the following two documents: (a) a certificate from the warden or other appropriate officer at the prison showing the amount of money or securities that the he has in any account in the institution; and, (b) a certified copy of his institutional account statement from every jail or prison at which he was confined for the 6-month period leading up to the date the account statement is submitted. Petitioner's failure to comply with this Order shall be construed as indicating his desire not to continue prosecution of this case. (mqe) [Transferred from Pennsylvania Western on 5/27/2021.]
April 5, 2021 Opinion or Order Filing 14 CORRESPONDENCE to the Court from JORGE CHAVEZ (Attachments: #1 Envelope) (cel) [Transferred from Pennsylvania Western on 5/27/2021.]
January 22, 2021 Opinion or Order Filing 13 NOTICE that Petitioner has requested the withdrawal of the filing fee from his Prisoner Trust Fund Account by JORGE CHAVEZ re #12 Order, (Attachments: #1 Envelope) (cel) [Transferred from Pennsylvania Western on 5/27/2021.]
January 8, 2021 Opinion or Order Filing 12 ORDER instructing Petitioner that he may reopen this case if, by 2/8/21, he pays the $5.00 filing fee, or files a motion for leave to proceed in forma pauperis along with the required supporting documents. Signed by Magistrate Judge Patricia L. Dodge on 1/8/2021. (mqe) [Transferred from Pennsylvania Western on 5/27/2021.]
December 23, 2020 Opinion or Order Filing 11 ORDER administratively closing case and instructing Petitioner that he may reopen it if, by 1/23/21, he pays the $5.00 filing fee, or files a motion for leave to proceed in forma pauperis along with the required supporting documents. Signed by Magistrate Judge Patricia L. Dodge on 12/23/2020. (mqe) [Transferred from Pennsylvania Western on 5/27/2021.]
December 2, 2020 Opinion or Order Filing 8 Case transferred in from District of Pennsylvania Middle; Case Number 1:20-cv-02171. Original file certified copy of transfer order and docket sheet received. [Transferred from Pennsylvania Western on 5/27/2021.]
December 1, 2020 Opinion or Order Filing 7 ORDER TRANSFERRING CASE - IT IS ORDERED that the Clerk of Court TRANSFER his petition to the United States District Court for the Western District of Pennsylvania and CLOSE this file. Resolution of any motion for leave to proceed in forma pauperis filed by Petition in response to this courts November 20, 2020 administrative order is left to the discretion of the transferee court. Signed by Honorable Jennifer P. Wilson on 12/1/2020. (ve) [Transferred from Pennsylvania Western on 5/27/2021.]
November 20, 2020 Opinion or Order Filing 6 THIRTY (30) DAY ADMINISTRATIVE ORDER directing the petitioner to pay the filing fee or file a signed Application to Proceed IFP within 30 days or case will be dismissed. Signed by LP on 11/20/2020. (Attachments: #1 IFP (habeas corpus))(lp) [Transferred from Pennsylvania Western on 5/27/2021.]
November 20, 2020 Opinion or Order Filing 5 PRO SE LETTER ISSUED w/ Notice & Consent Form. (mw) [Transferred from Pennsylvania Western on 5/27/2021.]
November 20, 2020 Opinion or Order Filing 4 Case transferred electronically in from District of Florida Southern; Case Number 1:20-cv-24705 containing electronic documents. [Transferred from Pennsylvania Western on 5/27/2021.]
November 19, 2020 Opinion or Order Filing 3 ORDER re #1 Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. 2241; Case will be transferred to the United States District Court for the Middle District of Pennsylvania for all further proceedings. Closing Case. Signed by Judge Darrin P. Gayles on 11/19/2020. See attached document for full details. (jao) [Transferred from Florida Southern on 11/20/2020.] [Transferred from Pennsylvania Western on 5/27/2021.]
November 16, 2020 Opinion or Order Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. (daa) [Transferred from Florida Southern on 11/20/2020.] [Transferred from Pennsylvania Western on 5/27/2021.]
November 16, 2020 Opinion or Order Filing 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00 (Filing fee not paid/IFP Motion not filed), filed by Jorge Chavez. (Attachments: #1 Exhibits)(daa) [Transferred from Florida Southern on 11/20/2020.] [Transferred from Pennsylvania Western on 5/27/2021.]

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Respondent: Warden, FCI McDowell
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Respondent: United States of America
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Respondent: Warden, Moshannon Valley Correctional Institution
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Petitioner: Jorge Chavez
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