Tucker v. Young et al
| Lorenzo Tucker |
| D. L. Young, M. Ratliff, Mr. Hedrick, M. Ratliff doing business as Staff, Mr. Hedrick doing business as Staff and D. L. Young doing business as Warden |
| 5:2020cv00382 |
| June 4, 2020 |
| US District Court for the Southern District of West Virginia |
| Cheryl A Eifert |
| Frank W Volk |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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Filing 12
ORDER directing that Petitioner shall have 60 days from the date of service of same in which to file a response to Respondent's #11 Motion to Dismiss; following service of Petitioner's response, if such is filed, Respondent shall have fourteen days within which to reply. Signed by Magistrate Judge Cheryl A. Eifert on 7/6/2020. (cc: Petitioner; counsel of record) (btm)
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| Filing 11 RESPONSE by Hedrick, M. Ratliff, D. L. Young to the Court's #10 Order. (Attachment: #1 Exhibit 1)(Lindsay, Matthew) |
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Filing 10
ORDER directing Respondent to answer or otherwise respond to Petitioner's #1 Petition for a Writ of Habeas Corpus Under 28 U.S.C. 2241 within sixty (60) days of the entry of this Order showing cause, if Respondent has any, why the relief sought by Petitioner should not be granted; if the petition involves a guilty plea or a sentencing issue, and the transcript of the plea hearing or sentencing hearing would aid in the resolution of the petition, Respondent is directed to submit same with the answer, unless the transcript is already a part of the record; Petitioner may file a reply to the answer or response within sixty (60) days after service of the same by the Respondent. Signed by Magistrate Judge Cheryl A. Eifert on 6/26/2020. (cc: Petitioner, United States Attorney w/Copy of Petition for Writ of Heabeas Corpus) (msa)
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| Filing 9 Filing Fee: $5.00, Receipt Number CHAR017711. (btm) |
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Filing 8
ORDER directing Petitioner to pay the filing fee of five dollars, or submit to the Court an Application to Proceed Without Prepayment of Fees and Costs; advising that Petitioner must file a civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) to seek monetary compensation from various employees of FCI Beckley for alleged violations of Petitioner's constitutional rights and that the undersigned will recommend that his Bivens claims asserted in this habeas proceeding be dismissed on the basis that they are not cognizable under 2241. Signed by Magistrate Judge Cheryl A. Eifert on 6/24/2020. (cc: Petitioner with Application to Proceed Without Prepayment of Fees and Costs, Instructions for filing a Bivens action, and a Bivens Complaint Form) (btm)
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| Filing 7 AFFIDAVIT of Lorenzo Tucker, dated 5/20/2020. (slr) |
| Filing 6 MOTION by Lorenzo Tucker for Summary Reversal (Attachments: #1 Table of Authorities, #2 Envelope) Motion referred to Magistrate Judge Cheryl A. Eifert. (slr) |
| Filing 5 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 Cheryl A. Eifert for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (klc) |
| CASE assigned to Judge Frank W. Volk. (klc) |
| Filing 4 NOTICE to Petitioner of Failure to Remit Filing Fee (arb) |
| Filing 3 LETTER-FORM MOTION to Expedite/NOTICE to Clerk of the Court by Lorenzo Tucker (arb) |
| Filing 2 AFFIDAVIT of Lorenzo Tucker, dated 5/27/2020, in Support of #1 Petition for Writ of Habeas Corpus (2241). (arb) |
| Filing 1 PETITION/Miscalculation of Term and Deprivation of 1st Step and 2nd Chance Act, Summary Judgment, Fraud Over Incarceration by Lorenzo Tucker against D. L. Young, M. Ratliff and Mr. Hedrick pursuant to Title 28, United States Code, Section 2241. (Attachment: #1 Exhibits 1 - 11, #2 Envelope) (arb) (Modified on 7/9/2020 to remove and replace main document) (slr). |
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