Scribd Logo
Upload

Welcome to Scribd!

  • 2 15-Cv-00212 - Doc 3 MS-MJD 2215 Michael Howard Reed 7 13 15

    Uploaded by

    Truth Press Media
    32 views2 pages
    CM/ECF? Query Reports Utilities Logout HABEAS,PROSE U.S. District Court Southern District of Indiana (Terre Haute) CIVIL DOCKET FOR CASE #: 2:15-cv-00212-JMS-MJD REED v. LARIVA Assigned to: Judge Jane Magnus-Stinson Referred to: Magistrate Judge Mark J. Dinsmore Cause: 28:2241 Petition for Writ of Habeas Corpus (federa Date Filed: 07/13/2015 Jury Demand: None Nature of Suit: 530 Habeas Corpus (General) Jurisdiction: Federal Question Petitioner MICHAEL HOWARD REED represented by MICHAEL HOWARD REED 04414-048 TERRE HAUTE - FCI TERRE HAUTE FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 33 TERRE HAUTE, IN 47808 PRO SE V. Respondent LEANN LARIVA Warden represented by LEANN LARIVA . PRO SE Date Filed # Docket Text 07/13/2015 1 PETITION for Writ of Habeas Corpus, filed by MICHAEL HOWARD REED. RECEIPT #IP046652 in the amount of $5.00 (Attachments: # 1 Envelope)(AAM) Modified on 7/14/2015 (AAM). (Entered: 07/14/2015) 07/14/2015 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAM) (Entered: 07/14/2015) 07/16/2015 3 ENTRY Directing Further Proceedings - Reed shall have through August 10, 2015 in which to show how he can satisfy the foregoing standard to proceed with his challenge pursuant to 28 U.S.C. § 2241. **SEE ENTRY** Copy to petitioner via US mail. Signed by Judge Jane Magnus-Stinson on 7/16/2015.(AH) (Entered: 07/16/2015) Case #: 2:15-cv-00212-JMS-MJD PACER Service Center Transaction Receipt 07/18/2015 19:16:39 PACER Login: Client Code: Description: Docket Report Search Criteria: 2:15-cv-00212-JMS-MJD Billable Pages: 1 Cost: 0.10 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ UNITED STATES DISTRICT COURT for the Southern District of Indiana MICHAEL HOWARD REED ) Plaintiff(s), ) vs. ) 2:15−cv−00212−JMS−MJD ) LEANN LARIVA ) Defendant(s). ) NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO MAGISTRATE JUDGE Notice of magistrate judge's availability. A United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may exercise this authority only if all parties voluntarily consent. You may consent to have your case referred to the currently assigned magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case. Consent to magistrate judge's authority. If all parties consent to have the currently assigned United States magistrate judge conduct all proceedings in this case including trial, the entry of final judgment, and all post−trial proceedings, they should sign their names below (electronically or otherwise). Should this case be reassigned to another magistrate judge, any attorney or party of record may object within 30 days of such reassignment. If no objection is filed, the consent will remain in effect. NOTICE: This document is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in the Case Management Plan. Parties' printed names Signatures of parties or attorneys Dates Reference Order IT IS ORDERED: This case is referred to the currently assigned United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. Should this case be reassigned to a magistrate judge other than the magistrate judge assigned the date of this order, any attorney or party of record may object within 30 days of such reassignment. If no objection is filed, the consent

    Original Title

    2 15-Cv-00212- Doc 3 MS-MJD 2215 Michael Howard Reed 7 13 15

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    CM/ECF? Query Reports Utilities Logout HABEAS,PROSE U.S. District Court Southern District of Indiana (Terre Haute) CIVIL DOCKET FOR CASE #: 2:15-cv-00212-JMS-MJD REED v. LARIVA Assigned to: Judge Jane Magnus-Stinson Referred to: Magistrate Judge Mark J. Dinsmore Cause: 28:2241 Petition for Writ of Habeas Corpus (federa Date Filed: 07/13/2015 Jury Demand: None Nature of Suit: 530 Habeas Corpus (General) Jurisdiction: Federal Question Petitioner MICHAEL HOWARD REED represented by MICHAEL HOWARD REED 04414-048 TERRE HAUTE - FCI TERRE HAUTE FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 33 TERRE HAUTE, IN 47808 PRO SE V. Respondent LEANN LARIVA Warden represented by LEANN LARIVA . PRO SE Date Filed # Docket Text 07/13/2015 1 PETITION for Writ of Habeas Corpus, filed by MICHAEL HOWARD REED. RECEIPT #IP046652 in the amount of $5.00 (Attachments: # 1 Envelope)(AAM) Modified on 7/14/2015 (AAM). (Entered: 07/14/2015) 07/14/2015 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAM) (Entered: 07/14/2015) 07/16/2015 3 ENTRY Directing Further Proceedings - Reed shall have through August 10, 2015 in which to show how he can satisfy the foregoing standard to proceed with his challenge pursuant to 28 U.S.C. § 2241. **SEE ENTRY** Copy to petitioner via US mail. Signed by Judge Jane Magnus-Stinson on 7/16/2015.(AH) (Entered: 07/16/2015) Case #: 2:15-cv-00212-JMS-MJD PACER Service Center Transaction Receipt 07/18/2015 19:16:39 PACER Login: Client Code: Description: Docket Report Search Criteria: 2:15-cv-00212-JMS-MJD Billable Pages: 1 Cost: 0.10 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ UNITED STATES DISTRICT COURT for the Southern District of Indiana MICHAEL HOWARD REED ) Plaintiff(s), ) vs. ) 2:15−cv−00212−JMS−MJD ) LEANN LARIVA ) Defendant(s). ) NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO MAGISTRATE JUDGE Notice of magistrate judge's availability. A United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may exercise this authority only if all parties voluntarily consent. You may consent to have your case referred to the currently assigned magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case. Consent to magistrate judge's authority. If all parties consent to have the currently assigned United States magistrate judge conduct all proceedings in this case including trial, the entry of final judgment, and all post−trial proceedings, they should sign their names below (electronically or otherwise). Should this case be reassigned to another magistrate judge, any attorney or party of record may object within 30 days of such reassignment. If no objection is filed, the consent will remain in effect. NOTICE: This document is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in the Case Management Plan. Parties' printed names Signatures of parties or attorneys Dates Reference Order IT IS ORDERED: This case is referred to the currently assigned United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. Should this case be reassigned to a magistrate judge other than the magistrate judge assigned the date of this order, any attorney or party of record may object within 30 days of such reassignment. If no objection is filed, the consent

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    32 views2 pages

    2 15-Cv-00212 - Doc 3 MS-MJD 2215 Michael Howard Reed 7 13 15

    Uploaded by

    Truth Press Media
    CM/ECF? Query Reports Utilities Logout HABEAS,PROSE U.S. District Court Southern District of Indiana (Terre Haute) CIVIL DOCKET FOR CASE #: 2:15-cv-00212-JMS-MJD REED v. LARIVA Assigned to: Judge Jane Magnus-Stinson Referred to: Magistrate Judge Mark J. Dinsmore Cause: 28:2241 Petition for Writ of Habeas Corpus (federa Date Filed: 07/13/2015 Jury Demand: None Nature of Suit: 530 Habeas Corpus (General) Jurisdiction: Federal Question Petitioner MICHAEL HOWARD REED represented by MICHAEL HOWARD REED 04414-048 TERRE HAUTE - FCI TERRE HAUTE FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 33 TERRE HAUTE, IN 47808 PRO SE V. Respondent LEANN LARIVA Warden represented by LEANN LARIVA . PRO SE Date Filed # Docket Text 07/13/2015 1 PETITION for Writ of Habeas Corpus, filed by MICHAEL HOWARD REED. RECEIPT #IP046652 in the amount of $5.00 (Attachments: # 1 Envelope)(AAM) Modified on 7/14/2015 (AAM). (Entered: 07/14/2015) 07/14/2015 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAM) (Entered: 07/14/2015) 07/16/2015 3 ENTRY Directing Further Proceedings - Reed shall have through August 10, 2015 in which to show how he can satisfy the foregoing standard to proceed with his challenge pursuant to 28 U.S.C. § 2241. **SEE ENTRY** Copy to petitioner via US mail. Signed by Judge Jane Magnus-Stinson on 7/16/2015.(AH) (Entered: 07/16/2015) Case #: 2:15-cv-00212-JMS-MJD PACER Service Center Transaction Receipt 07/18/2015 19:16:39 PACER Login: Client Code: Description: Docket Report Search Criteria: 2:15-cv-00212-JMS-MJD Billable Pages: 1 Cost: 0.10 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ UNITED STATES DISTRICT COURT for the Southern District of Indiana MICHAEL HOWARD REED ) Plaintiff(s), ) vs. ) 2:15−cv−00212−JMS−MJD ) LEANN LARIVA ) Defendant(s). ) NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO MAGISTRATE JUDGE Notice of magistrate judge's availability. A United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may exercise this authority only if all parties voluntarily consent. You may consent to have your case referred to the currently assigned magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case. Consent to magistrate judge's authority. If all parties consent to have the currently assigned United States magistrate judge conduct all proceedings in this case including trial, the entry of final judgment, and all post−trial proceedings, they should sign their names below (electronically or otherwise). Should this case be reassigned to another magistrate judge, any attorney or party of record may object within 30 days of such reassignment. If no objection is filed, the consent will remain in effect. NOTICE: This document is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in the Case Management Plan. Parties' printed names Signatures of parties or attorneys Dates Reference Order IT IS ORDERED: This case is referred to the currently assigned United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. Should this case be reassigned to a magistrate judge other than the magistrate judge assigned the date of this order, any attorney or party of record may object within 30 days of such reassignment. If no objection is filed, the consent

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 2

    Case 2:15-cv-00212-JMS-MJD Document 3 Filed 07/16/15 Page 1 of 2 PageID #: 11

    UNITED STATES DISTRICT COURT


    SOUTHERN DISTRICT OF INDIANA
    TERRE HAUTE DIVISION
    MICHAEL HOWARD REED,
    Petitioner,
    vs.
    LEANN LARIVA, Warden,
    Respondent.

    )
    )
    )
    )
    )
    )
    )
    )

    Case No. 2:15-cv-00212-JMS-MJD

    Entry Directing Further Proceedings


    Michael Howard Reed is confined in this District and brings this action pursuant to 28
    U.S.C. 2241 challenging his conviction for possessing a firearm and ammunition while he was
    a fugitive from justice. That conviction was entered in the United States District Court for the
    District of North Dakota in No. 4:09-cr-0076-DLH-1. The conviction was affirmed on appeal by
    the Eighth Circuit Court of Appeals in No. 10-2010 on March 23, 2011.
    Reed may seek a remedy under 2241 only if a motion under 28 U.S.C. 2255 was or
    would be inadequate or ineffective to bring his habeas claim. 28 U.S.C. 2255(e). His habeas
    claim appears to be that he is actually innocent of the offense of which he was convicted because
    there was insufficient evidence to support the jurys verdict. To satisfy 2255(e), Reeds claim
    for relief must (1) rely on a new, retroactive case not available when he moved under 28 U.S.C.
    2255 that (2) interprets a statute in a way that (3) decriminalizes the crime of conviction. See Brown
    v. Rios, 696 F.3d 638, 640 (7th Cir. 2012); In re Davenport, 147 F.3d 605, 61012 (7th Cir. 1998).
    Reed shall have through August 10, 2015 in which to show how he can satisfy the
    foregoing standard to proceed with his challenge pursuant to 28 U.S.C. 2241.
    IT IS SO ORDERED.

    07/16/2015
    Date: __________________

    Case 2:15-cv-00212-JMS-MJD Document 3 Filed 07/16/15 Page 2 of 2 PageID #: 12


    Distribution:
    MICHAEL HOWARD REED
    04414-048
    TERRE HAUTE U.S. PENITENTIARY
    Inmate Mail/Parcels
    P.O. BOX 33
    TERRE HAUTE, IN 47808

    You might also like