Damone v. Heckard
Petitioner: Lindsey Damone
Respondent: FCI Beckley Warden Heckard
Case Number: 5:2023cv00482
Filed: July 12, 2023
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Omar J Aboulhosn
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 January 8, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 7, 2023 Opinion or Order Filing 15 ORDER AND NOTICE directing that if Petitioner chooses to file a response in opposition to Respondent's #14 MOTION to Dismiss, it shall be filed with the Clerk of this Court by 10/16/2023; following service of Petitioner's response to Respondent's Motion, if such is filed, Respondent will have 7 business days within which to file a reply. Signed by Magistrate Judge Omar J. Aboulhosn on 9/7/2023. (cc: Petitioner - pro se; counsel of record) (btm)
September 6, 2023 Opinion or Order Filing 14 MOTION by Heckard to Dismiss re: #1 Petition for a Writ of Habeas Corpus and #9 Supplemental Section 2241 Petition. Motion referred to Magistrate Judge Omar J. Aboulhosn.(Bailey, Jason) (Modified on 9/6/2023 to add links to #1 petition and #9 supplemental petition) (mk).
August 31, 2023 Opinion or Order Filing 13 NOTICE OF CHANGE OF ADDRESS by Lindsey Damone. (btm)
August 30, 2023 Opinion or Order Filing 12 ORDER granting Respondent's #11 MOTION for Extension of Time to File Response to Order to Show Cause; Respondent shall file a Response to Petitioner's #1 Petition for Writ of Habeas Corpus (2241) by 9/15/2023; the Petitioner may, if he wishes, file a Reply by 10/16/2023. Signed by Magistrate Judge Omar J. Aboulhosn on 8/30/2023. (cc: Petitioner - pro se; counsel of record) (btm)
August 29, 2023 Opinion or Order Filing 11 MOTION by Heckard for Extension of Time to File Response re: #6 Order to 9/15/2023 (Attachment: #1 Exhibit 1)(Bailey, Jason). Motion referred to Magistrate Judge Omar J. Aboulhosn (Modified on 8/29/2023 to create association to USMJ and to add link to #6 order) (mk).
July 21, 2023 Opinion or Order Filing 9 SUPPLEMENTAL SECTION 2241 PETITION, refiled pursuant to the Court's #8 Order. (btm)
July 21, 2023 Opinion or Order Filing 8 ORDER directing that Petitioner's #5 MOTION for Leave to Supplement is granted; the Clerk shall re-docket Petitioner's #5 MOTION to Supplement as a "Supplemental Section 2241 Petition"; Respondent shall respond to Petitioner's Supplemental Section 2241 Petition in accordance to the Court's #6 Order; Petitioner's #5 MOTION for Appointment of Counsel is denied. Signed by Magistrate Judge Omar J. Aboulhosn on 7/21/2023. (cc: Petitioner - pro se; counsel of record) (btm)
July 21, 2023 Opinion or Order Filing 7 RETURN RECEIPT CARD received from United States Attorney, re: #6 Order, #1 Petition for Writ of Habeas Corpus (2241). Signed for on 7/20/2023 by M. Wallace. (btm)
July 17, 2023 Opinion or Order Filing 6 ORDER directing that Respondent shall by 9/1/2023, file an Answer to the allegations contained in the Petitioner's #1 Section 2241 Petition and show cause, if any, why the Writ of Habeas Corpus sought by the Petitioner in this case should not be granted; the Petitioner may, if he wishes, file a Reply or Objections to Respondent's Answer by 10/2/2023. Signed by Magistrate Judge Omar J. Aboulhosn on 7/17/2023. (Attachments: #1 Certified Mail Receipt - FCI Beckley Warden Heckard, #2 Certified Mail Receipt - United States Attorney) (cc: Respondent and Office of the United States Attorney with Petitioner's #1 Petition by certified mail, RRR; Petitioner) (btm)
July 17, 2023 Opinion or Order Filing 5 MOTION by Lindsey Damone for Leave to Supplement #1 Petition for Writ of Habeas Corpus (2241) and MOTION for Appointment of Counsel. Motion referred to Magistrate Judge Omar J. Aboulhosn. (btm)
July 17, 2023 Opinion or Order Filing 4 Filing Fee: $5.00, Receipt Number 5000255. (mfo)
July 13, 2023 Opinion or Order 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)
July 12, 2023 Opinion or Order CASE assigned to Judge Frank W. Volk. (klc)
July 12, 2023 Opinion or Order Filing 2 NOTICE TO PETITIONER OF FAILURE TO REMIT FILING FEE re: #1 Petition for Writ of Habeas Corpus (2241). (msa)
July 12, 2023 Opinion or Order Filing 1 PETITION FOR WRIT OF HABEAS CORPUS by Lindsey Damone against FCI Beckley Warden Heckard pursuant to Title 28, United States Code, Section 2241. (Attachments: #1 Exhibit (A)(1) - (A)(12), #2 Exhibit (B)(1) - (B)(3), #3 Exhibit (C)(1) - (C)(5), #4 Exhibit, #5 Envelope) (msa)

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Petitioner: Lindsey Damone
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Respondent: FCI Beckley Warden Heckard
Represented By: Jason S. Bailey
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