Williams v. Warden
| Shemika Williams |
| Warden |
| 1:2023cv00009 |
| January 5, 2023 |
| US District Court for the Southern District of West Virginia |
| Omar J Aboulhosn |
| David A Faber |
| Prisoner - (Prison Condition) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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| Filing 13 EXHIBITS by Warden in support of #11 Response to Order to Show Cause. (Attachments: #1 continuation)(Arthur, Christopher) |
Filing 12
ORDER AND NOTICE directing Petitioner to file a reply to Respondent's #11 Response to Order to Show Cause on or before 3/28/2023. Signed by Magistrate Judge Omar J. Aboulhosn on 2/7/2023. (cc: Petitioner, pro se and counsel of record) (arb)
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| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE by Warden (Attachment: #1 Exhibit 1)(Arthur, Christopher) |
| Filing 10 RETURN RECEIPT CARD received from United States Attorney re: #8 Order; signed by Caylee Slack on 1/17/2023. (arb) |
| Filing 9 RETURN RECEIPT CARD received from Warden, FPC Alderson re: #8 Order; signed by Dana Taylor on 1/16/2023. (arb) |
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Filing 8
ORDER directing the Respondent to file an Answer to the Petition/Motion for Emergency CARES Act Home Confinement Under 28 U.S.C. 2241 by 2/28/2023 showing cause, if any, why the relief sought should not be granted. Petitioner may file a Reply to Respondent's Answer by 3/28/2023. Signed by Magistrate Judge Omar J. Aboulhosn on 1/13/2023. (Attachments: #1 Warden, FPC Alderson Certified Mail Receipt, #2 U. S. Attorney Certified Mail Receipt) (cc: Petitioner, pro se; Respondent and USA w/2241 Petition and Exhibits thereto) (arb)
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Filing 7
ORDER re: #2 Petition/Motion by Shemika Williams for Emergency CARES Act Home Confinement Under 28 U.S.C. 2241 and Exhibits in Support: To the extent Petitioner is challenging the conditions of her confinement, the undersigned considers Petitioner's above Petition as an attempt to initiate a civil action pursuant to Bivens, and hereby DIRECTS the Clerk to open a new civil action and include therein a copy of this Order, Petitioner's Section 2241 Petition (Document Nos. 2, 2-1, 2-2, 2-3) and the Court's #5 Order sealing certain Exhibits. The Clerk is to send Petitioner a copy of a form Complaint and Application to Proceed in Forma Pauperis. Within 30 days of the date of this Order, Petitioner is to file, if she wishes to proceed with a Bivens action, the form Complaint specifying the names of the individual defendants and stating specific facts as to how each defendant violated her constitutional rights. Petitioner shall either pay the Court's $402 filing fee or file an Application to Proceed in Forma Pauperis. Failure of Petitioner to file a form Complaint and complete the Application to Proceed in Forma Pauperis within 30 days will result in a recommendation of dismissal of the Bivens action without prejudice. Petitioner is NOTIFIED that this Order is initiating two separate actions (a Section 2241 action and a Bivens action), which will result in two separate case numbers and should take special care to indicate the correct case number on the appropriate documents. Petitioner is NOTIFIED that she must exhaust available administrative remedies prior to filing a civil action. If Petitioner wishes to fully exhaust her administrative remedies prior to seeking relief, she should voluntarily dismiss this action and initiate a new action upon completion of the administrative remedy process. Signed by Magistrate Judge Omar J. Aboulhosn on 1/13/2023. (cc: Petitioner w/form Complaint and blank IFP Application) (arb)
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| Filing 6 Filing Fee: $5.00, Receipt No. 2000682. (arb) |
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Filing 5
ORDER directing Plaintiff's Exhibits (Document No. 2-1, pp. 11 22 and Document No. 2-2) re: #2 MOTION by Shemika Williams for Emergency CARES Act Home Confinement under 28 U.S.C. 2241 be filed under SEAL; directing Plaintiff to redact her date of birth from exhibits in future filings. Signed by Magistrate Judge Omar J. Aboulhosn on 1/9/2023. (cc: Plaintiff, pro se) (mk)
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Filing 4
ORDER denying #1 APPLICATION by Shemika Williams to Proceed Without Prepayment of Fees and Costs; directing Petitioner to pay the filing fee of $5.00 to the Clerk on or before 2/10/2023. Signed by Magistrate Judge Omar J. Aboulhosn on 1/23/2023. (cc: Petitioner; pro se) (mk)
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| Filing 3 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) |
| CASE assigned to Senior Judge David A. Faber. (klc) |
| Filing 2 PETITION/MOTION by Shemika Williams for Emergency CARES Act Home Confinement under 28 U.S.C. 2241. (Attachments: #1 Exhibits in Support, #2 SEALED-Continuation of Exhibits in Support, #3 SEALED-Continuation of Exhibits in Support-Photos) (mk). (Modified on 1/9/2023 to remove and replace images of Exhibit 1 and SEALED-Continuation of Exhibits in Support, and to add SEALED-Continuation of Exhibits in Support-Photos pursuant to #5 Order) (mk). |
| Filing 1 APPLICATION by Shemika Williams to Proceed Without Prepayment of Fees and Costs (arb) |
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| Petitioner: Shemika Williams | |
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| Respondent: Warden | |
| Represented By: | Christopher R. Arthur |
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