United States of America v. Glushchenko
| United States of America |
| Eugenii Glushchenko |
| 2:2019cv04678 |
| July 10, 2019 |
| US District Court for the District of Arizona |
| James F Metcalf (PS) |
| Steven P Logan |
| Prisoner: Mandamus & Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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| Filing 18 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRELIMINARY INJUNCTION HEARING ON TEMPORARY RESTRAINING ORDER proceedings held on 07/19/2019, before Judge STEVEN P. LOGAN. [Court Reporter: Jennifer A. Pancratz, RMR, CRR, FCRR, CRC, Telephone number (602) 322-7198]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/23/2019. Redacted Transcript Deadline set for 9/3/2019. Release of Transcript Restriction set for 10/31/2019. (RAP) |
| Filing 17 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed July 22, 2019, judgment is entered in favor of plaintiff and this action is dismissed. (SLQ) |
Filing 16
ORDER - IT IS THEREFORE ORDERED granting a permanent injunction permitting the United States to perform involuntary medical examinations, involuntary blood draws, and weight checks of Respondent Eugenii Glushchenko and may restrain him if he resists those examinations, and may involuntarily administer hydration, nutritional supplements, or urinary catheters if necessary to preserve his life, until such time as Respondent discontinues his hunger strike or is removed from the United States. IT IS FURTHER ORDERED the stay of removal entered on July 16, 2019 is lifted. IT IS FURTHER ORDERED that this action is dismissed and the Clerk of Court must enter judgment accordingly. (See document for complete details). Signed by Judge Steven P Logan on 7/22/19. (SLQ)
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| Filing 15 TRANSCRIPT REQUEST by Eugenii Glushchenko for proceedings held on July 19, 2019, Judge Steven P Logan hearing judge(s). (Thomas, Christopher) |
| Filing 14 AMENDED MINUTE ENTRY - Amending Doc. #13 - for proceedings held before Judge Steven P Logan: Hearing on Temporary Restraining Order held on 7/19/2019. The matter is taken under advisement. The Court's Order (Doc. #8 ) is in effect until further order of the Court. (Court Reporter Jennifer Pancratz.) Hearing held 10:02 AM to 2:59 PM.(LMR) Reason for Amendment: to correct total court time. (LMR) |
| Filing 13 MINUTE ENTRY for proceedings held before Judge Steven P Logan: Hearing on Temporary Restraining Order held on 7/19/2019. The matter is taken under advisement. The Court's Order (Doc. #8 ) is in effect until further order of the Court. (Court Reporter Jennifer Pancratz.) Hearing held 10:02 AM to 2:59 PM.(LMR) |
| Filing 12 MEMORANDUM regarding Petition for Emergency Order #1 Complaint by Respondent Eugenii Glushchenko. (Beaudoin, Kristine) |
| Filing 11 MEMORANDUM Regarding Involuntary Feeding of Immigration Detainee by Petitioner United States of America. (Attachments: #1 Exhibit Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Solomon, William) |
| Filing 10 NOTICE of Appearance by Kristine Jolie Beaudoin on behalf of Eugenii Glushchenko. (Beaudoin, Kristine) |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE: Katherine R. Branch, Assistant U.S. Attorney, appearing for United States of America. . (Branch, Katherine) |
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Filing 8
ORDER: Preliminary Injunction Hearing is set for 7/19/2019 at 10:00 AM in Courtroom 501, 401 West Washington Street, Phoenix, AZ 85003 before Judge Steven P Logan. The Temporary Restraining Order is extended until further Order of the Court. The United States is enjoined from removing Respondent from the United States pending further Order of the Court. The United States must serve the Complaint no later than July 17, 2019. The Department of Homeland Security must have a representative present at the hearing. The United States must ensure Respondent's telephonic presence at the hearing. Counsel for the United States shall inform the Court by 12:00 p.m. on 7/18/2019 whether an interpreter will be necessary at the Preliminary Injunction Hearing. The United States must submit a memorandum no later than 5:00 p.m. on Thursday July 18, 2019. Respondent may submit a memorandum no later than 5:00 p.m. on Thursday July 18, 2019. See order for additional details. Signed by Judge Steven P Logan on 7/16/2019. (LMR)
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| Filing 7 STATUS REPORT by United States of America. (Attachments: #1 Exhibit 1: Declaration of Dale Welsh, #2 Exhibit 2: Supplemental Declaration of Jason Ciliberti)(Solomon, William) |
| Filing 6 Summons Issued as to Eugenii Glushchenko. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
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Filing 5
TEMPORARY RESTRAINING ORDER: The Government must file a status report on Monday, July 15, 2019, no later than 5:00 p.m. See order for details. Signed by Judge Steven P Logan on 7/10/2019. (LMR)
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| Filing 4 NOTICE OF ASSIGNMENT (MCO) |
| Filing 3 SUMMONS Submitted by United States of America. (Solomon, William) (MCO) |
| Filing 2 MOTION for Temporary Restraining Order by United States of America. (Solomon, William) (Attachments: #1 Text of Proposed Order)(MCO) |
| Filing 1 COMPLAINT (TRO Requested) filed by United States of America. (Solomon, William) (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Attorney Certification)(MCO) |
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| Petitioner: United States of America | |
| Represented By: | William C Solomon |
| Represented By: | Katherine R Branch |
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| Respondent: Eugenii Glushchenko | |
| Represented By: | Kristine Jolie Beaudoin |
| Represented By: | Christopher David Thomas |
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