Avendano v. Barr et al
| Helveth Muralles Avendano |
| James McHenry, William Barr, Chad Wolf and Enrique Lucero |
| 2:2020cv01027 |
| May 27, 2020 |
| US District Court for the District of Arizona |
| Michelle H Burns (PS) |
| Susan M Brnovich |
| Michael T Morrissey |
| Prisoner: Alien Detainee - Habeas Corpus |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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Filing 13
ORDER pursuant to the parties' #12 Stipulation. ORDERED that this action, including all claims, is dismissed with prejudice, each party to bear its own attorney's fees and costs. IT IS FURTHER ORDERED that all remaining deadlines and scheduled hearings are vacated. Signed by Judge Susan M Brnovich on 7/1/2020. (LFIG)
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| Filing 12 MOTION to Dismiss Case Stipulated by Helveth Muralles Avendano. (Attachments: #1 Text of Proposed Order)(Gilbreath, Lewis) |
| Filing 11 SERVICE EXECUTED filed by Helveth Muralles Avendano: Certified Mail Receipt re: Petition/Motion/Order/Summons upon U.S. Attorney, District of Arizona on 6/18/2020. (CLB) |
| Filing 10 SERVICE EXECUTED: USMS Process Receipt and Return re: petition, motion, order, summons upon William Barr on 6/8/20. (SLQ) |
| Filing 9 SERVICE EXECUTED filed by Helveth Muralles Avendano: Certified Mail Receipt re: Petition, Summons, Motion, and Order upon Enrique Lucero on 6/04/2020. (REK) |
| Filing 7 Summons Issued as to William Barr, Enrique Lucero, Chad Wolf and US Attorney District of Arizona. (SLQ) |
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Filing 6
ORDER - IT IS ORDERED: Respondent McHenry is dismissed without prejudice. Petitioner's Motion for Preliminary Injunction and/or Temporary Restraining Order (Doc. #2 ) is denied without prejudice. If Respondents intend to remove Petitioner Helveth Muralles Avendano (A# 201-588-204) from the United States prior to the disposition of this matter, Respondents must file a "Notice of Intent to Remove" and serve a copy on Petitioner at least 10 days prior to the planned removal. The Clerk of Court shall email a copy of this Order to the Immigration TRO Distribution List. The Clerk of Court shall serve: (1) a copy of the Summons, (2) the Petition for Writ of Habeas Corpus (Doc. #1 ), (3) the Motion for Preliminary Injunction and/or Temporary Restraining Order (Doc. #2 ), and (4) this Order upon the United States Attorney for the District of Arizona by certified mail addressed to the civil process clerk at the office of the United States Attorney pursuant to Rule 4(i)(1)(A) of the Federal Rules of Civil Procedure. Respondents shall have 30 days from the date of service to answer the Petition for Writ of Habeas Corpus (Doc. #1 ). Petitioner shall have 15 days from the filing of Respondents' Answer to the Petition to file a Reply. Petitioner must file a "Notice of Change in Status" within 5 days of any material change in Petitioner's immigration or custody status. Petitioner may not include a motion for other relief with the Notice. This matter is referred to Magistrate Judge Michael T. Morrissey pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report and recommendation. (See document for complete details). Signed by Judge Susan M Brnovich on 6/1/20. (SLQ)
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| Filing 5 NOTICE OF ATTORNEY APPEARANCE: Lisa M. Hemann appearing for William Barr, Enrique Lucero, James McHenry, Chad Wolf. . (Hemann, Lisa) |
| Filing 4 NOTICE OF ASSIGNMENT (MCO) |
| Filing 3 SUMMONS Submitted by Helveth Muralles Avendano.. (Gilbreath, Lewis) (Attachments: #1 Summons, #2 Summons, #3 Summons)(MCO) |
| Filing 2 MOTION for Temporary Restraining Order by Helveth Muralles Avendano. (Gilbreath, Lewis) (Attachments: #1 Exhibit, #2 Exhibit, #3 Text of Proposed Order)(MCO) |
| Filing 1 PETITION for Writ of Habeas Corpus (Fed/2241). Filing fee received: $ 5.00, receipt number 0970-18318185 filed by Helveth Muralles Avendano. (Gilbreath, Lewis) (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit)(MCO) |
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