Cervantes v. Warden Joseph, FCI Bennettsville
| Rafael Cervantes |
| Warden Joseph, FCI Bennettsville |
| 3:2024cv00323 |
| May 14, 2024 |
| US District Court for the Western District of Wisconsin |
| Anita M Boor |
| William M Conley |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 f |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 14, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 28 Letter from Petitioner Rafael Cervantes requesting case status. Note: Letter received on 5/09/24. Case transferred from District of South Carolina on 5/14/24. (Attachments: #1 Copy of NEF re Transfer Order, #2 Copy of Transfer Order 23-cv-2472, #3 Envelope) (nln),(ps) |
| Filing 27 Case transferred in from District of South Carolina; Case Number 9:23-cv-02472. Original file certified copy of transfer order and docket sheet received. (lak) |
| Judge update in case. Case randomly assigned to District Judge William M. Conley and Magistrate Judge Anita M. Boor. (nln),(ps) |
| Filing 24 REPLY by Rafael Cervantes to #20 Reply to Response to Motion. (Attachments: #1 Certificate of Service, #2 Envelope) (agaz, ) [Transferred from South Carolina on 5/14/2024.] |
| Filing 23 ***DOCUMENT MAILED #21 Order placed in U.S. Mail from Charleston Clerk's Office to Rafael Cervantes 11041-085 OXFORD FEDERAL CORRECTIONAL INSTITUTION P.O. BOX 1000 Oxford, WI 53952. (agaz, ) [Transferred from South Carolina on 5/14/2024.] |
Filing 21
ORDER: It is the judgment of the Court this case is TRANSFERRED to the W.D.Wis. for further proceedings. Signed by Honorable Mary Geiger Lewis on 1/23/2024. (agaz, ) [Transferred from South Carolina on 5/14/2024.] Modified on 5/14/2024: Case was accidentally transferred to the Western District of Washington instead of the Western District of Wisconsin. (lak)
|
| Filing 20 REPLY to Response to Motion re #9 MOTION to Dismiss MOTION for Summary Judgment Response filed by Warden Joseph, FCI Bennettsville. (Prince, Marshall) [Transferred from South Carolina on 5/14/2024.] |
| Filing 19 RESPONSE in Opposition re #9 MOTION to Dismiss MOTION for Summary Judgment Response filed by Rafael Cervantes.Reply to Response to Motion due by 1/10/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Certificate of Service, #2 Envelope)(agaz, ) [Transferred from South Carolina on 5/14/2024.] |
| Filing 17 Mail Returned as Undeliverable. Addressee: Rafael Cervantes. Document Returned: 14 Clerk Staff Notes (agaz, ) [Transferred from South Carolina on 5/14/2024.] |
| Filing 16 ***DOCUMENT MAILED 15 Order on Motion to Stay, Order on Motion for Extension of Time to File Response/Reply, communication form regarding fees for copies, placed in U.S. Mail from Charleston Clerk's Office to Rafael Cervantes 11041-085 OXFORD FEDERAL CORRECTIONAL INSTITUTION P.O. BOX 1000 Oxford, WI 53952. (agaz, ) [Transferred from South Carolina on 5/14/2024.] |
| Filing 15 TEXT ORDER granting, in part, #13 Motion for Extension of Time and denying as MOOT #12 Motion to Stay. In his Motion for Extension of Time, Petitioner seeks an additional 30 days in which to respond to the Motion to Dismiss or for Summary Judgment. Petitioner's request is GRANTED, and the deadline for him to file a Response to the Motion to Dismiss or for Summary Judgment (ECF No. 9) is hereby extended to December 27, 2023. Plaintiff also requests a copy of Respondent's Motion, as Plaintiff is still waiting to receive his property after being transferred to a new correctional facility. The Respondent is hereby directed to mail a copy of the Motion to Dismiss or for Summary Judgment and any exhibit thereto (ECF No. 9) to Petitioner at his new address at FCI Oxford, WI. To the extent Plaintiff requests that the clerk of court send him a copy of his Petition for Writ of Habeas Corpus and exhibits thereto, Plaintiff may receive photocopies of pleadings, documents, and papers filed in his case upon tendering the appropriate fees and costs to the clerk of court. 28 U.S.C. 1914; Local Rule 83.III.03 (D.S.C.) ("Any person may obtain copies of public records from the clerk of court upon payment of copying fees."). On November 20, 2023, the clerk of court sent a letter to Petitioner regarding the costs of obtaining copies of the documents he requested. Once Petitioner submits the appropriate payment for the costs of copying the Petition and exhibits, he may obtain copies of those documents. Finally, Petitioner previously moved for a stay of this case while he was being transferred to a new facility. Because Petitioner's transfer has been completed, the Motion to Stay (ECF No. 12) is MOOT. Entered at the direction of Magistrate Judge Molly H Cherry on 11/27/2023.(agaz, ) [Transferred from South Carolina on 5/14/2024.] |
| Filing 13 MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss MOTION for Summary Judgment by Rafael Cervantes. Response to Motion due by 12/4/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Certificate of Service, #2 Envelope) No proposed order. Motions referred to Molly H Cherry.(agaz, ) [Transferred from South Carolina on 5/14/2024.] |
| Filing 12 MOTION to Stay the Proceedings by Rafael Cervantes. Response to Motion due by 10/24/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Certificate of Service, #2 Envelope) Motions referred to Molly H Cherry. (agaz) [Transferred from South Carolina on 5/14/2024.] |
| Filing 11 ***DOCUMENT MAILED #10 Roseboro Order, placed in U.S. Mail from Charleston Clerk's Office to Rafael Cervantes 11041-085 BENNETTSVILLE FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 52020 BENNETTSVILLE, SC 29512. (agaz) [Transferred from South Carolina on 5/14/2024.] |
|
Filing 10
ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to #9 MOTION to Dismiss MOTION for Summary Judgment by 10/23/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Molly H Cherry on 9/20/2023. (agaz) [Transferred from South Carolina on 5/14/2024.]
|
| Filing 9 MOTION to Dismiss , MOTION for Summary Judgment ( Response to Motion due by 9/28/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by Warden Joseph, FCI Bennettsville. (Attachments: #1 Exhibit 1, Declaration of J. Carter)No proposed order.Motions referred to Molly H Cherry.(Prince, Marshall) [Transferred from South Carolina on 5/14/2024.] Modified on 5/14/2024 (nln). |
| Filing 8 SUMMONS Returned Executed by Rafael Cervantes. US Attorney General served on 8/4/2023, answer due 10/3/2023. (dgar) [Transferred from South Carolina on 5/14/2024.] |
| Filing 5 ***DOCUMENT MAILED #4 Order 2241 Federal Habeas, placed in U.S. Mail from Charleston Clerk's Office to Rafael Cervantes 11041-085 BENNETTSVILLE FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 52020 BENNETTSVILLE, SC 29512. (dgar) [Transferred from South Carolina on 5/14/2024.] |
|
Filing 4
ORDER authorizing service of process by clerk. Directing petitioner to notify the clerk in writing of any change of address. Signed by Magistrate Judge Molly H Cherry on 7/27/2023. (Attachments: #1 Petition)(dgar) [Transferred from South Carolina on 5/14/2024.]
|
| Filing 3 Filing fee: $ 5.00, receipt number 300105621 (dgar) [Transferred from South Carolina on 5/14/2024.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Rafael Cervantes. (Attachments: #1 Exhibits Cover Letter, #2 Exhibit 1- Sentence Monitoring Computation Data, #3 Exhibit 2- Inmate Education Data, #4 Exhibit 3- Inmate Work Detail, #5 Exhibit 4- Individualized Needs Plan, #6 Exhibit 5- FSA Time Credit Assessment, #7 Exhibit 6- FSA Recidivism Risk Assessment, #8 Exhibit 7- Inmate Request to Staff, #9 Envelope)(dgar) [Transferred from South Carolina on 5/14/2024.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Wisconsin Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Cervantes v. Warden Joseph, FCI Bennettsville | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: Rafael Cervantes | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Respondent: Warden Joseph, FCI Bennettsville | |
| Represented By: | U.S. Attorneys_Civil Notices |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
