District of Massachusetts • 1:26-cv-10922

Vieira v. Bowers

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Case Information

Filed: September 14, 2026
Assigned to: Angel Kelley
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: November 03, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 14, 2026
PETITION for Writ of Habeas Corpus (2241), filed by David Vieira. (Attachments: # 1 Attachment)(JKK) (Entered: 09/14/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Sep 14, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (NMC) (Entered: 09/14/2026)
Sep 14, 2026
Notice of Case Assignment
#3
Sep 16, 2026
District Judge Angel Kelley: ORDER entered. MEMORANDUM AND ORDER. Because Vieira has not submitted a filing fee or moved for leave to proceed in forma pauperis, he shall be granted additional time to do so. Based on the foregoing, this Court hereby orders as follows:-Within 21 days of this Order, Vieira shall either (1) pay the $5.00 filing fee; or (2) file a motion to proceed in forma pauperis, that is, file an application to proceed in district court without prepaying fees or costs accompanied by a certified prison account statement. The Clerk shall provide Vieira with an Application to Proceed in District Court Without Prepaying Fees or Costs. Failure of Vieira to comply with this directive may result in dismissal of this action.-The Clerk of this Court shall serve a copy of the Petition on the Respondent and the United States Attorney for the District of Massachusetts.-The Respondent shall file an answer or other responsive pleading within 7 days of either (1) the Petitioner’s payment of the $5 filing fee; or (2) this Court’s granting of a motion to proceed in forma pauperis.SO ORDERED.(CEH) (Entered: 09/17/2026)
Main Document: Memorandum & Order
#4
Sep 17, 2026
Copy re 3 Memorandum & ORDER, and IFP Form mailed to David Vieira on 9/17/2026. (CEH) (Entered: 09/17/2026)
Sep 17, 2026
Copy Mailed
#5
Sep 18, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Memorandum & ORDER, mailed to Fred Bowers and put in U.S. Attorney Mailbox for Leah Foley on 9/18/2026. (CEH) (Entered: 09/18/2026)
Sep 18, 2026
Copy Mailed
#6
Sep 30, 2026
Combined NOTICE to the Court; MOTION to Appoint Counsel; and MOTION for an Immediate Injunction and Video Hearing by David Vieira. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3) (CEH) (Entered: 09/30/2026)
Main Document: Miscellaneous Relief
#7
Oct 07, 2026
Remark: Duplicate copies of Dkt 6, [6-1], and [6-2] received 10/7/2026 (CEH) (Entered: 10/07/2026)
#8
Oct 09, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. On September 14, 2026, David Vieira (“Vieira”), an inmate in custody at FMC Devens, filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, seeking credits for his sentence under the First Step Act. [Dkt. 1]. On September 16, 2026, the Court ordered Viera to pay the filing fee. [Dkt. 3]. The Respondent was ordered to file an answer or other responsive pleading within 7 days of either (1) the Petitioner’s payment of the $5 filing fee; or (2) this Court’s granting of a motion to proceed in forma pauperis. [Id.] On September 22, 2026, funds for payment of the $5.00 filing fee were withdrawn from Viera’s prison account. [Dkt. 6-1]. However, the filing has not yet been entered on the Court’s docket. Accordingly, the Court hereby orders the Respondent to file an answer or other responsive pleading within ten (10) days of the date of this order.(CEH) (Entered: 10/09/2026)
#9
Oct 09, 2026
Copy re 8 Order, mailed to David Vieira on 10/9/2026. (CEH) (Entered: 10/09/2026)
Oct 09, 2026
Order
Oct 09, 2026
Copy Mailed
#10
Oct 15, 2026
NOTICE of Appearance by Shawna Yen on behalf of Fred Bowers (Yen, Shawna) (Entered: 10/15/2026)
Main Document: Notice of Appearance
#11
Oct 15, 2026
MOTION for Extension of Time to November 13, 2026 to File Answer re 1 Petition for Writ of Habeas Corpus (2241) by Fred Bowers.(Yen, Shawna) (Entered: 10/15/2026)
Main Document: Extension of Time to File Answer
#12
Oct 19, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 11 MOTION for Extension of Time to November 13, 2026 to File Answer re 1 Petition for Writ of Habeas Corpus (2241) (CEH) (Entered: 10/19/2026)
#13
Oct 19, 2026
Copy re 12 Order on Motion for Extension of Time to Answer mailed to David Vieira on 10/19/2026. (CEH) (Entered: 10/19/2026)
Oct 19, 2026
Copy Mailed
Oct 19, 2026
Order on Motion for Extension of Time to Answer
#14
Oct 21, 2026
Filing fee/payment: $ 5.00, receipt number 100017009 for 1 Petition for Writ of Habeas Corpus (2241) (NVB) (Entered: 10/21/2026)
Oct 21, 2026
Filing Fee/Payment Received
#15
Nov 02, 2026
Objection and Motion to Deny the Respondent's Motion for Extension of Time to Respond to Petition or, alternatively, Motion to Release Petitioner on Bail subject to Location Monitoring Pending Ruling. (Attachments: # 1 Attachment) (CEH) (Entered: 11/02/2026)
Main Document: Miscellaneous Relief
#16
Nov 03, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. The Court DENIES as moot Petitioner’s objection [Dkt. 15] to Respondent’s Motion for Extension of Time to Answer because the Court granted that motion on October 19, 2026 [Dkt. 12]. The Court DENIES without prejudice Petitioner’s alternative request for release on bail subject to location monitoring because it is duplicative of the relief sought in his Petition. The Court will address the merits of Petitioner’s pending Motion [Dkt. 6] and Petitioner's Petition after Respondent files an Answer. (CEH) (Entered: 11/03/2026)
#17
Nov 03, 2026
Copy re 16 Order on Motion and Docket Sheet mailed to David Vieira on 11/3/2026 (CEH) (Entered: 11/03/2026)
Nov 03, 2026
Copy Mailed
Nov 03, 2026
Order on Motion for Miscellaneous Relief