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15-107 - Terry v. Shartle

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15-107 - Terry v. Shartle
May 23, 2017
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REPORT AND RECOMMENDATION: The Magistrate Judge recommends that the District Judge enter an order SUBSTITUTING J.T. Shartle, Warden, as Respondent for "Mr. Shartle"; FINDING that Terry's allegations satisfy the requirements of the escape hatch and that the District Court has jurisdiction over Terry's ยง 2241 petition; FINDING that this matter should be set for an evidentiary hearing and that Petitioner should be appointed counsel for the hearing. Any party may serve and file written objections within fourteen days after being served with a copy of this Report and Recommendation. A party may respond to another party's objections within fourteen days after being served with a copy. Signed by Magistrate Judge Eric J Markovich on 5/23/2017. (See pdf for complete details) (DPS)
November 7, 2017
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ORDER adopting 44 the Report and Recommendation; granting in part 54 Petitioner's Request for an Evidentiary Hearing; denying as moot 38 the Motion Objecting to Eric J. Markovich's Order Requesting Supplementing Briefing of Whether ory K Jorgenson on 11/7/2017. (See Order for complete details) (DPS) Not Burrage is Retroactive; denying without prejudice 56 Petitioner's Motion Requesting Immediate Release; denying 58 Petitioner's Motion to Expedite a Decision. A Status Conference is set for Tuesday, November 28, 2017 at 10:00 a.m. in Courtroom 5C. The Court appoints the Federal Public Defender as counsel for Terry for the purpose of the Status Conference. An Evidentiary Hearing is scheduled on Tuesday, December 13, 2017 at 10:30 a.m. in Courtroom 5C. Signed by Judge Cind