Yanes v. Warden
| Jerdin Ovidio Yanes and Jerdin O. Yanes |
| Warden Rokosky, Acting Warden LeFever and Warden |
| 1:2023cv00158 |
| February 23, 2023 |
| US District Court for the Southern District of West Virginia |
| David A Faber |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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Filing 8
ORDER directing the Clerk to modify the docket sheet of both cases to list Petitioner's name as Jerdin O. Yanes and directing the Clerk to list the Respondent as Warden, FCI McDowell in both matters. It is ORDERED that Case Nos. 1:23-cv-00158 and 1:23-cv-00175 are CONSOLIDATED with Case No. 1:23-cv-00175 being designated as the lead case with all further filings being docketed only therein. The second matter was selected as the lead case because the petition therein reflects later developments than those addressed in the first petition. However, Respondent shall respond to matters addressed in both petitions as necessary. The Clerk is further ORDERED to administratively close Case No. 1:23-cv-00158. It is ORDERED that Respondent shall by 6/30/2023 file an Answer to allegations contained in the Petition for Writ of Habeas Corpus (2241) and Letter in Support (ECF Nos. 1 and 2 in Case No. 1:23-cv-00175) showing cause, if any, why the writ of habeas corpus sought should not be granted. Petitioner may file a reply to Respondent's Answer by 7/31/2023. The Clerk is directed to docket this Order and Notice in both Case Nos. 1:23-cv-00158 and 1:23-cv-00175 before administratively closing the first case. Signed by Magistrate Judge Dwane L. Tinsley on 4/19/2023. (Attachments: #1 Warden, FCI McDowell Certified Mail Receipt, #2 U. S. Attorney Certified Mail Receipt) (cc: Petitioner; Respondent and USA w/2241 Petition and Letter in Support) (arb)
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| CASES ASSOCIATED: Create association to 1:23-cv-00175. (arb) |
| THIS CASE HAS BEEN CONSOLIDATED WITH 1:23-cv-00175 AS OF 4/19/2023. ALL FURTHER ENTRIES SHALL BE DOCKETED THEREIN. (arb) |
| Filing 7 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) |
| CASE assigned to Senior Judge David A. Faber. (klc) |
| Filing 6 CASE TRANSFERRED IN from the West Virginia Northern; Case Number 3:23-cv-00013. Original file certified copy of transfer order and docket sheet received. |
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Filing 5
ORDER TRANSFERRING CASE. Signed by District Judge Gina M. Groh on 2/23/2023. Copy sent certified mail, return receipt to pro se Petitioner.(tlg) [Transferred from West Virginia Northern on 2/23/2023.]
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| Case transferred to Southern District of West Virginia. Entire Case file electronically transmitted. (tlg) [Transferred from West Virginia Northern on 2/23/2023.] |
| Filing 4 Filing fee: $ 5.00, receipt number WVNM002227 (tlg) [Transferred from West Virginia Northern on 2/23/2023.] |
| Filing 3 RETURN RECEIPT as to #2 Notice. SERVICE ACCEPTED on 1/30/2023. (tlg) [Transferred from West Virginia Northern on 2/23/2023.] |
| Filing 2 NOTICE OF DEFICIENT PLEADING AND INTENT TO DISMISS. (Attachments: #1 Court-Approved Forms - 2241 packet). Sent certified mail, return receipt to pro se Petitioner.(tlg) (Additional attachment(s) added on 1/26/2023: #2 Certified Mail Return Receipt) (tlg). [Transferred from West Virginia Northern on 2/23/2023.] |
| Filing 1 PETITION for Writ of Habeas Corpus against Warden Rokosky, filed by Jerdin Ovidio Yanes. (Attachments: #1 Envelope). Case assigned to MJ Robert Trumble and PSLC Sims.(tlg) [Transferred from West Virginia Northern on 2/23/2023.] |
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