Yanes v. Warden
| Jerdin Oviedo Yanes and Jerdin O. Yanes |
| Warden Lefever and Warden |
| 1:2023cv00175 |
| March 1, 2023 |
| US District Court for the Southern District of West Virginia |
| David A Faber |
| Dwane L Tinsley |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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| Document Text |
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| Filing 8 RETURN RECEIPT CARD received from United States Attorney re: #6 Order. Signed by Karen Jordan on 4/22/2023. (arb) |
| Filing 7 RETURN RECEIPT CARD received Warden, FCI McDowell re: #6 Order. Signed by S. Thacker on 4/21/2023. (arb) |
Filing 6
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 #1 Petition for Writ of Habeas Corpus (2241) and #2 Letter in Support 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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| THIS CASE HAS BEEN CONSOLIDATED WITH 1:23-cv-00158 AS OF 4/19/2023. ALL FURTHER ENTRIES SHALL BE DOCKETED HEREIN. (arb) |
| Filing 5 Filing Fee: $5.00, Receipt Number 2000915. (mfo) |
| 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 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 3 NOTICE to Petitioner of Failure to Remit Filing Fee (arb) |
| Filing 2 LETTER by Jerdin Oviedo Yanes in support of #1 Petition for Writ of Habeas Corpus (2241). (arb) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS by Jerdin Oviedo Yanes against Warden Lefever pursuant to Title 28, United States Code, Section 2241. (Attachment: #1 Envelope) (arb) |
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