Ottey v. DHS/ICE
Petitioner: Dwayne Ottey
Respondent: DHS/ICE
Case Number: 4:2019cv01703
Filed: October 17, 2019
Court: US District Court for the Northern District of Alabama
Presiding Judge: Herman N Johnson
Referring Judge: R David Proctor
Nature of Suit: Habeas Corpus (General)
Jury Demanded By: None
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Docket Report

This docket was last retrieved on December 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 12, 2019 Filing 20 MOTION to withdraw habeas petition by Dwayne Ottey. (KAM)
October 17, 2019 Filing 19 Case transferred in from District of New York Southern; Case Number 1:19-cv-05697. Original file certified copy of transfer order and docket sheet received.
October 9, 2019 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of Alabama (ama) [Transferred from New York Southern on 10/17/2019.]
October 9, 2019 Opinion or Order Filing 18 ORDER: Accordingly, this Court does not have jurisdiction over Petitioner's custodian, whether determined under the majority or minority view, and therefore cannot entertain Petitioner's habeas petition. The Clerk of Court is directed to transfer the petition to the United States District Court for the Northern District of Alabama. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/09/2019) Copies Mailed By Chambers. (ama) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 10/17/2019.]
September 25, 2019 Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (wb) [Transferred from New York Southern on 10/17/2019.]
September 5, 2019 Opinion or Order Filing 17 ORDER with respect to #9 Motion to Transfer Case; with respect to #9 Motion to Dismiss for Lack of Jurisdiction. The Court has received and reviewed in its entirety Plaintiffs "Motion with Additional Support in Response to Respondents' Motion to Dismiss or Transfer Case to the Northern District of Alabama in the Form of an Affidavit." (Docket Entry No. 16.) Defendant's motion to dismiss the complaint or, alternatively, transfer the petition to the Northern District of Alabama is currently pending before the Court. (Docket Entry No. 9.) To the extent Plaintiff's "Motion with Additional Support" is responsive to Defendants' pending motion to dismiss the complaint, the Court will consider it as a supplement to Plaintiff's memorandum of law in opposition to Defendant's motion to dismiss (Docket Entry No. 14) in light of Plaintiff's pro se status. See Triestman v. Federal Bureau of Prisons, 470 F.3d 471, 475 (2d Cir.2006) (recognizing that pro se litigants must be accorded "special solicitude.") No further supplemental filings will be considered unless approved in advance by the Court. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/5/19) (yv) [Transferred from New York Southern on 10/17/2019.]
August 27, 2019 Filing 16 PETITIONER ENTERS THIS MOTION(Response)WITH ADDITIONAL SUPPORT IN RESPONSE TO RESPONDENT'S MOTION TO DISMISS OR TRANSFER CASE TO THE NORTHERN DISTRICT OF ALABAMA IN THE FORM OF AN AFFIDAVIT, re: #9 MOTION to Transfer Case to the Northern District of Alabama. MOTION to Dismiss for Lack of Jurisdiction /venue. Document filed by Dwayne Ottey. (sc) [Transferred from New York Southern on 10/17/2019.]
August 19, 2019 Opinion or Order Filing 15 ORDER: The Court has received and reviewed in its entirety Plaintiff's "Additional Claims for Emergency Bivens Complaint to Show Cause for Violation of Petitioner's Substantive 'Colorable and Cognizable' Fourth and Fifth Amendment Constitutional Rights in the Form of an Affidavit." (Docket Entry No. 13.) Defendant's motion to dismiss the complaint or, alternatively, transfer the petition to the Northern District of Alabama is currently pending before the Court. (Docket Entry No. 9.) Because Plaintiff's "Additional Claims for Emergency Bivens Complaint" does not offer arguments in opposition to Defendant's motion to dismiss but instead seeks to add new claims and allegations of fact to the complaint, the Court construes it as a motion for leave to amend the complaint pursuant to Federal Rule of Civil Procedure 15(a)(2). See Triestman v. Federal Bureau of Prisons, 470 F.3d 471, 475 (2d Cir. 2006) (recognizing that pro se litigants must be accorded "special solicitude.") The Court will set a briefing schedule for Plaintiff's motion after Defendant's motion to dismiss or transfer venue is decided. (Signed by Judge Laura Taylor Swain on 8/19/2019) (mml) [Transferred from New York Southern on 10/17/2019.]
August 13, 2019 Filing 14 PETITIONER'S RESPONSE TO RESPONDENTS MOTION TO DISMISS OR TRANSFER CASE TO THE NORTHERN DISTRICT OF ALABAMA IN THE FORM OF AN AFFIDAVIT. Document filed by Dwayne Ottey. (vn) [Transferred from New York Southern on 10/17/2019.]
August 13, 2019 Filing 13 ADDITIONAL CLAIMS FOR EMERGENCY BIVENS COMPLAINT TO SHOW CAUSE FOR VIOLATION OF PETITIONER'S SUBSTANTIVE "COLORABLE AND COGNIZABLE" FOURTH AND FIFTH AMENDMENT CONSTITUTIONAL RIGHTS IN THE FORM OF AN AFFIDAVIT. Document filed by Dwayne Ottey. (vn) (Main Document 13 replaced on 8/16/2019) (sac). [Transferred from New York Southern on 10/17/2019.]
July 26, 2019 Filing 12 CERTIFICATE OF SERVICE of Motion served on Dwayne Ottey on 7/26/19. Service was made by Mail. Document filed by DHS/ICE. (Kahane, Joshua) [Transferred from New York Southern on 10/17/2019.]
July 26, 2019 Filing 11 DECLARATION of Deportation Officer Mario A. Garaffa in Support re: #9 MOTION to Transfer Case to the Northern District of Alabama. MOTION to Dismiss for Lack of Jurisdiction /venue.. Document filed by DHS/ICE. (Kahane, Joshua) [Transferred from New York Southern on 10/17/2019.]
July 26, 2019 Filing 10 MEMORANDUM OF LAW in Support re: #9 MOTION to Transfer Case to the Northern District of Alabama. MOTION to Dismiss for Lack of Jurisdiction /venue. . Document filed by DHS/ICE. (Kahane, Joshua) [Transferred from New York Southern on 10/17/2019.]
July 26, 2019 Filing 9 MOTION to Transfer Case to the Northern District of Alabama., MOTION to Dismiss for Lack of Jurisdiction /venue. Document filed by DHS/ICE.(Kahane, Joshua) [Transferred from New York Southern on 10/17/2019.]
July 8, 2019 Filing 8 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of DHS/ICE. (Kahane, Joshua) [Transferred from New York Southern on 10/17/2019.]
June 27, 2019 Opinion or Order Filing 7 HABEAS INFORMATION PACKAGE MAILED to Dwayne Ottey 055212953 Etowah County Detention Center Unit 9 827 Forrest Ave. Gadsen, AL 35901, at, on 6/27/2019 Re: #6 Order to Answer. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (nb) [Transferred from New York Southern on 10/17/2019.]
June 26, 2019 Opinion or Order Filing 6 ORDER TO ANSWER, 28 U.S.C. 2241: The Court, having examined the petition in this action, which Petitioner filed pursuant to 28 U.S.C. 2241, hereby ORDERS that: The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued. Within 30 days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleadings in response to the petition. Petitioner may file reply papers, if any, within 21 days from the date Petitioner is served with Respondent's answer. The Court does not, at this time, order a stay of removal. However, to assure that the Court's ability to resolve Petitioner's claim is not mooted by events, Respondents are further ORDERED to provide the Court with 48 hours' notice of any intent to remove Petitioner from the United States. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/26/2019) Copies Mailed By Chambers. (ama) Transmission to Pro Se Assistants for processing. [Transferred from New York Southern on 10/17/2019.]
June 24, 2019 NOTICE OF CASE REASSIGNMENT to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (ma) [Transferred from New York Southern on 10/17/2019.]
June 24, 2019 Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (ma) [Transferred from New York Southern on 10/17/2019.]
June 18, 2019 ***DELETED DOCUMENT. Deleted document number 1 CIVIL COVER SHEET. The document was incorrectly filed in this case. (rdz) [Transferred from New York Southern on 10/17/2019.]
June 18, 2019 Filing 4 Violation of Fourth Amendment "Warrantless Arrest" on ICE Detainers and Other Constitutional. Document filed by Dwayne Ottey. (rdz) [Transferred from New York Southern on 10/17/2019.]
June 18, 2019 Filing 3 MOTION for Emergency Temporary Restraining Order. Document filed by Dwayne Ottey.(rdz) [Transferred from New York Southern on 10/17/2019.]
June 18, 2019 Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number 465401238016)Document filed by Dwayne Ottey.(rdz) [Transferred from New York Southern on 10/17/2019.]
June 18, 2019 Case Designated ECF. (rdz) [Transferred from New York Southern on 10/17/2019.]

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Respondent: DHS/ICE
Represented By: Joshua Evan Kahane
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Petitioner: Dwayne Ottey
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