Sie sind auf Seite 1von 10

7/17/2015 6:37:39 PM

Hi there got the case number for the 2241, 2;15-cv-00212-JMS-MJD, so there
you have it, now we will see what will happen with it, this is about the first
case actual innocence, for the gun charge, I sent you A copy of the pleading,
and I will send you any response that I get, and any response that I make to
there response ok, still have not received any thing from North Dakota,

Thank you;

Love Boa. MICHAEL HOWARD REED (04414048)

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


Billable Pages:

Search Criteria:

2:15-cv-00212-JMS-MJD

Cost: 0.10

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~

UNITED STATES DISTRICT COURT


for the
Southern District of Indiana
MICHAEL HOWARD REED
)
Plaintiff(s),
)
vs.
)
2:15cv00212JMSMJD
)
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 posttrial 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 will remain in effect.
Date:
District Judge's signature
Printed name and title
Case 2:15-cv-00212-JMS-MJD Document 2 Filed 07/14/15 Page 1 of 1
PageID #: 10
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
MICHAEL HOWARD REED,
)
)

Petitioner,
)
vs.
)
Case No. 2:15
cv
0
0
212
JMS
MJD
)
LEANN LARIVA, Warden,
)
)
Respondent.
)
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 af
rmed 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 insufcient 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 (7
th
Cir. 2012);
In re Davenport,
147 F.3d 605, 610

12 (7
th
Cir. 1998).
Re
ed 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
.
Date: __________________
07/16/2015
Case 2:15-cv-00212-JMS-MJD Document 3 Filed 07/16/15 Page 1 of 2
PageID #: 11
Distribution:
MICHAEL HOWARD REED
04414
048
TERRE HAUTE U.S. PENITENTIARY
Inmate Mail/Parcels
P.O. BOX 33
TERRE HAUTE, IN 47808
Case 2:15-cv-00212-JMS-MJD Document 3 Filed 07/16/15 Page 2 of 2
PageID #: 12
Pacer Service Center
Transaction Receipt
Sat Jul 18 19:37:18 2015
Pacer Login: mg3973:3533675:0

Client Code:

Description: Image3-0

Case Number:

Billable Pages:

Cost: 0.20

2:15-cv-00212-JMS-MJD

Das könnte Ihnen auch gefallen