Rubert v. Heckard
Defendant: Warden Katrina Heckard
Petitioner: Jose L. Rubert
Case Number: 5:2022cv00597
Filed: December 22, 2022
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Cheryl A Eifert
Referring Judge: Frank W Volk
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal)
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 18, 2023 Opinion or Order Filing 6 ORDER denying Petitioner's #5 Motion to waive the filing fee and granting the motion for an extension; the Clerk of Court is directed to provide Petitioner with an Application to Proceed Without Prepayment of Fees and Costs; Petitioner is directed to pay the filing fee or submit the completed Application within 30 days of the date of this Order; the Respondent is directed to provide Petitioner, within 10 days of the date of this Order, with a copy of his certified inmate account statement showing receipts, expenditures, and balances during the last six months of his incarceration at FCI Beckley,or if Petitioner has been there for less than six months, the entirety of his incarceration there; Petitioner shall attach the inmate account statement to his Application when he sends the completed Application to the Clerk. Signed by Magistrate Judge Cheryl A. Eifert on 1/18/2023. (cc: Petitioner with Application to Proceed Without Prepayment of Fees and Costs; Respondent) (btm)
January 17, 2023 Filing 5 AFFIDAVIT OF FACT/MOTION by Jose L. Rubert for the Court to Waive the $5.00 filing fee, Grant an Extension in Order to Obtain an Application or forward an Application. Motion referred to Magistrate Judge Cheryl A. Eifert. (msa)
December 30, 2022 Opinion or Order Filing 4 ORDER directing the Petitioner to either pay the $5.00 filing fee, or submit a completed Application; Plaintiff is notified that the failure to do one or the other, as instructed, within thirty (30) days of the date of this Order may result in a recommendation that this action be dismissed. Signed by Magistrate Judge Cheryl A. Eifert on 12/30/2022. (cc: Petitioner) (ts)
December 22, 2022 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 Cheryl A. Eifert for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (klc)
December 22, 2022 Filing 2 PETITION FOR WRIT OF HABEAS CORPUS by Jose L. Rubert against Katrina Heckard pursuant to Title 28, United States Code, Section 2241. (msa)
December 22, 2022 Filing 1 APPLICATION by Jose L. Rubert to Proceed without Prepayment of Fees or Costs. (msa)
December 22, 2022 CASE assigned to Judge Frank W. Volk. (klc)

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Petitioner: Jose L. Rubert
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Defendant: Warden Katrina Heckard
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