Gilbert v. Warden
| West Virginia Southern District Court | |
| Judge: | David A Faber |
| Referred: | Cheryl A Eifert |
| Case #: | 1:23-cv-00200 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2241 Petition for Writ of Habeas Corpus (federal) |
| Case Filed: | Mar 13, 2023 |
| Terminated: | Jan 02, 2024 |
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| Docket last updated: 8 hours ago |
| Tuesday, January 02, 2024 | ||
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misc
Transmitted Certified Copy
Tue 01/02 1:12 PM
TRANSMITTED CERTIFIED COPY of16 Judgment Order to plaintiff and counsel of record. (arb) |
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| 16 | 16
order
Judgment
Tue 01/02 12:42 PM
JUDGMENT ORDER For reasons expressed in the15 Memorandum Opinion and Order filed this day, the court GRANTS the8 Motion by FCI McDowell Warden to Dismiss; DISMISSES, without prejudice, the1 Petition by Wallace D. Gilbert for Writ of Habeas Corpus (2241); and directs the Clerk to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 1/2/2024. (cc: plaintiff and counsel of record) (arb) |
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order
Order Adopting Proposed Findings and Recommendations
Tue 01/02 12:35 PM
MEMORANDUM OPINION AND ORDER adopting the14 Proposed Findings and Recommendations by Magistrate Judge; granting the8 Motion by FCI McDowell Warden to Dismiss; dismissing, without prejudice, the1 Petition by Wallace D. Gilbert for Writ of Habeas Corpus (2241); and directing the Clerk to remove this case from the court's active docket; additionally, denying a certificate of appealability. Signed by Senior Judge David A. Faber on 1/2/2024. (cc: plaintiff and counsel of record) (arb) |
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| Thursday, September 21, 2023 | ||
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motion
Proposed Findings and Recommendations By Magistrate Judge
Thu 09/21 11:08 AM
PROPOSED FINDINGS AND RECOMMENDATIONS that the8 MOTION by FCI McDowell Warden to Dismiss be GRANTED; the1 Petition by Wallace D. Gilbert for Writ of Habeas Corpus (2241) be DISMISSED, without prejudice; and this matter be removed from the docket of the court. This case no longer referred to Magistrate Judge Cheryl A. Eifert. If the PF&R was served electronically, Objections are due by 10/5/2023. If the PF&R was served by mail, Objections are due by 10/10/2023. Signed by Magistrate Judge Cheryl A. Eifert on 9/21/2023. (cc: Petitioner and counsel of record) (arb) |
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| Thursday, August 24, 2023 | ||
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Docket Annotation (PUBLIC)
Thu 08/24 9:46 AM
SUPPLEMENTAL AUTHORITY by FCI McDowell Warden (filed pursuant to12 Order). (arb) |
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order
Order on Motion / Application / Petition for Leave to File
Thu 08/24 9:35 AM
ORDER granting the11 MOTION by FCI McDowell Warden for Leave to File Supplemental Authority. Respondent further moved to dismiss the1 Petition for Writ of Habeas Corpus (2241). Petitioner shall have twenty (20) days after service of the motion in which to file a response. Signed by Magistrate Judge Cheryl A. Eifert on 8/24/2023. (cc: Petitioner and counsel of record) (arb) |
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| Wednesday, August 23, 2023 | ||
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motion
Leave to File Document
Wed 08/23 3:05 PM
MOTION by Warden for Leave to File Supplemental Authority (Attachment: #1 Exhibit 1). Motion referred to Magistrate Judge Cheryl A. Eifert.(Bailey, Jason) |
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| Monday, August 14, 2023 | ||
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respm
Reply To Response
Mon 08/14 4:19 PM
REPLY/RESPONSE by Wallace D. Gilbert to the Government's8 Motion to Dismiss 2241 Habeas Corpus Petition. (Attachment: #1 Envelope) (arb) |
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| Monday, June 12, 2023 | ||
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order
Order
Mon 06/12 12:37 PM
ORDER directing Petitioner to file reply to Respondent's8 Response to Court Order within 60 days after service of the Response. Signed by Magistrate Judge Cheryl A. Eifert on 6/12/2023. (cc: Petitioner; counsel of record) (mk) |
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respm
Response To Court Order
Mon 06/12 11:13 AM
RESPONSE by Warden to the Court's5 Order.(Bailey, Jason) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Exhibit 8,
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Att: 9
Exhibit 9,
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Att: 10
Exhibit 10,
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Att: 11
Exhibit 11,
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Att: 12
Exhibit 12,
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Att: 13
Exhibit 13
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| Wednesday, April 26, 2023 | ||
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order
Order ~Util - Terminate Motions
Wed 04/26 12:16 PM
ORDER granting6 MOTION by Warden to Extend Time to File Answer; directing Respondent to file answer and response by 6/14/2023. Signed by Magistrate Judge Cheryl A. Eifert on 4/26/2023. (cc: Petitioner; counsel of record) (mk) |
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motion
Extend Time To File Answer
Wed 04/26 8:45 AM
MOTION by Warden to Extend Time to File Answer to June 14, 2023 re:5 Order to Show Cause, Motion referred to Magistrate Judge Cheryl A. Eifert.(Bailey, Jason) |
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| Wednesday, March 15, 2023 | ||
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order
Order to Show Cause
Wed 03/15 10:53 AM
ORDER directing Respondent to answer or otherwise respond to the1 Petition for Writ of Habeas Corpus (2241) within 60 days of the entry of this Order showing cause, if any, why the relief sought should not be granted. Petitioner may file a reply to the answer within 60 days after service of same by the Respondent. Signed by Magistrate Judge Cheryl A. Eifert on 3/15/2023. (cc: Petitioner; USA w/2241 Petition and Memorandum of Law) (arb) |
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| Tuesday, March 14, 2023 | ||
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order
Mag. Judge Eifert - Standing Order For Assignment And Referral of Civil Actions And Matters
Tue 03/14 2:44 PM
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) |
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| Monday, March 13, 2023 | ||
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misc
Filing Fee Received
Mon 03/13 1:27 PM
Filing Fee: $5.00, Receipt Number 1000144. (mk) |
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respm
Memorandum In Support
Mon 03/13 1:03 PM
MEMORANDUM OF LAW by Wallace D. Gilbert in support of Granting Gilbert's1 Petition for Writ of Habeas Corpus (2241) (mk) |
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Att: 1
Exhibits A - D
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cmp
Petition For Writ Of Habeas Corpus (2241)
Mon 03/13 1:01 PM
PETITION FOR WRIT OF HABEAS CORPUS by Wallace D. Gilbert against FCI McDowell Warden pursuant to Title 28, United States Code, Section 2241. (Attachment: #1 Envelope) (mk) |
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utility
Case Assigned
Tue 03/14 9:58 AM
CASE assigned to Senior Judge David A. Faber. (klc) |
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