Jimmy Sudney v. Chad T. Wolf et al
| Jimmy Sudney |
| David A. Marin, Matthew T. Albence, James Janecka and Chad T. Wolf |
| 5:2020cv00626 |
| March 27, 2020 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| Terry J Hatter |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
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Filing 20
STAY ORDER by Judge Terry J. Hatter, Jr.: It is Ordered that, pursuant to the Preliminary Injunction issued in Roman, Petitioner shall remain released pending a final resolution of Roman or further order of the Court. It is further Ordered that pending a final resolution of Roman, this case be, and hereby is, Stayed. (shb)
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Filing 19
MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive The Court issued a temporary restraining order [TRO] in this case on April 2, 2020, and ordered Respondents to show cause why a preliminary injunction should not issue. Pursuant to Fed. R. Civ. P. 65(b)(2), the TRO will expire on April 16, 2020, the fourteenth day after the date of issuance, unless, for good cause, the Court extends it. The parties have filed their respective briefs in response to the Courts Order to Show Cause: re: Preliminary Injunction. The Court finds that good cause exists under Rule 65(b)(2)to extend the TRO for an additional 14 days. The good cause is that the extension will allow the Court time to consider the significant constitutional issues raised in the parties briefs. The TRO will remain in effect until April 30, 2020. (shb)
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Filing 18
MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that DKT NO. 16 was issued in the wrong case and is hereby stricken from this case. (shb)
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| Filing 17 REPLY filed by Petitioner Jimmy Sudney to Motion Related Document, #15 (Attachments: #1 Declaration)(Rivera, Gabriela) |
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Filing 16
[DOCUMENT STRICKEN PER ORDER #18 - MINUTE IN CHAMBERS ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr:Counsel are hereby notified that pursuant to the Judge's directive, the parties shall file by 5:00 p.m. on April 16, 2020, proposed Findings of Fact and Conclusions of Law for the submitted OSC re: preliminary injunction. (shb) Modified on 4/14/2020 (shb).
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| Filing 15 RESPONSE TO ORDER TO SHOW CAUSE AS TO WHY A PRELIMINARY INJUNCTION SHOULD NOT BE ISSUED re APPLICATION for Temporary Restraining Order #2 filed by Respondents Matthew T. Albence, David A. Marin, Chad T. Wolf. (Attachments: #1 Declaration of Gabriel Valdez)(Thayer, Damon) |
| Filing 14 FINANCIAL ENTRY: Received $5.00 into the registry of the Court from Jimmy Sudney. Re: Petition for Writ of Habeas Corpus (2241), #1 . Receipt number LA204740. (Fe) |
| Filing 13 DECLARATION of Gabriela Rivera Supplemental Declaration of Gabriela Rivera filed by Petitioner Jimmy Sudney. (Rivera, Gabriela) |
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Filing 12
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr.: It is Ordered that the application for a temporary restraining order be, and hereby is, Granted. It is further Ordered that Respondents shall, by 5:00 p.m. on April 6, 2020, either: (1) Deport Petitioner Jimmy Sudney by 5:00 p.m. on April 6, 2020, given that his removal order has become final; or (2) Release Petitioner from custody pending further order of this Court, and subject to the following conditions of release: 1. Petitioner shall reside, and shelter in place, at the residence of Michaelle and Jean Francois Sudney, at 3170 West Drake Street in Chandler, Arizona [the Residence]; 2. Petitioner shall not leave the Residence, pending further order of the Court, except to obtain medical care; 3. Petitioner shall not violate any federal, state or local laws; 4. Petitioner shall not use or possess alcohol or illegal drugs; and 5. At the discretion of DHS and/or BICE, to enforce the above restrictions, Petitioners whereabouts may be monitored by telephonic and/or electronic and/or GPS monitoring and/or a location verification system and/or an automated identification system. It is further Ordered that Respondents shall show cause, if they have any, as to why the Court should not issue a preliminary injunction in this case. Respondents response, if any, to this order to show cause shall be filed by Noon on April 9, 2020. Petitioners reply, if any, to Respondents response shall be filed by Noon on April 14, 2020. The matter will then stand submitted. (shb)
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| Filing 11 REPLY filed by Petitioner Jimmy Sudney to Minutes of In Chambers Order/Directive - no proceeding held,, #10 (Attachments: #1 Exhibit D-F)(Rivera, Gabriela) |
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Filing 10
MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, Petitioner Sudney, or his counsel, shall file, as soon as possible, a supplemental declaration setting forth where and with whom Petitioner would reside and shelter in place if the Court were to grant the relief requested in Petitioners ex parte application for a temporary restraining order. After filing, a copy of the declaration shall be emailed to TJH_chambers@cacd.uscourts.gov. (shb)
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Filing 9
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03 (Related Case) filed. Transfer of case declined by Judge Jesus G. Bernal, for the reasons set forth on this order. Related Case No. 5:18-cv-02604 JGB(SHKx) (rn)
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| Filing 8 NOTICE of Related Case(s) filed by Respondents Matthew T. Albence, David A. Marin, Chad T. Wolf. Related Case(s): No. ED CV 19-175 DOC (SP) and No. ED CV 19-1546 JGB (SHKx) (Thayer, Damon) |
| Filing 7 MEMORANDUM in Opposition to APPLICATION for Temporary Restraining Order #2 filed by Respondents Matthew T. Albence, David A. Marin, Chad T. Wolf. (Attachments: #1 Declaration of Gabriel Valdez, #2 Declaration of Michael Jimeno)(Attorney Damon A Thayer added to party Matthew T. Albence(pty:res), Attorney Damon A Thayer added to party David A. Marin(pty:res), Attorney Damon A Thayer added to party Chad T. Wolf(pty:res))(Thayer, Damon) |
| Filing 6 MINUTE IN CHAMBERS -NEW CASE BEFORE JUDGE HATTER: This action has been assigned to the calendar of the HONORABLE TERRY J. HATTER, JR., United States District Judge. Please include the initials TJH in all documents pertaining to this case, as documents are routed using the judges initials, it is imperative that the correct initials TJH be used on all subsequent filings to prevent any delays in the processing of documents. Judge Hatter's Courtroom Deputy Clerk is Yolanda Skipper. She can be reached at (213) 894-5276. Counsel shall not attempt to contact the Court or its chambers staff by telephone or by any other ex parte means, although counsel may contact the Courtroom Deputy, Yolanda Skipper, at: yolanda_skipper@cacd.uscourts.gov, with appropriate inquiries. Judge Hatters courtroom is located on the 9th Floor, at 350 W. 1st Street, United States Courthouse, Courtroom No. 9B. Additional information about Judge Hatters procedures and schedules can be found on the courts website at www.cacd.uscourts.gov. The Court further orders Respondent to file their opposition to the Temporary Restraining Order by no later than Monday, March 30, 2020. See order for further details. (shb) |
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Filing 5
ORDER APPOINTMENT OF COUNSEL #3 by Judge Terry J. Hatter, Jr., that Deputy Federal Public Defender Gabriela Rivera is APPOINTED to represent petitioner Jimmy Sudney in the above-captioned matter. (jp)
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| Filing 4 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Terry J. Hatter, Jr and referred to Magistrate Judge Jacqueline Chooljian, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (Attachments: #1 CV-111 Notice Re: Discrepancies in Filing of Habeas Corpus Petition) (car) |
| Filing 3 EX PARTE APPLICATION for Appointment of Counsel filed by Petitioner (Attachments: #1 Lodged Proposed Order) (car) |
| Filing 2 APPLICATION FOR TEMPORARY RESTRAINING ORDER; MEMORANDUM OF POINTS AND AUTHORITIES; PROPOSED TEMPORARY RESTRAINING ORDER; PROPOSED ORDER TO SHOW CAUSE. Telephonic hearing requested filed by Petitioner Jimmy Sudney. (Attachments: #1 Lodged Proposed Order, #2 Lodged Proposed Order) (car) Modified on 3/27/2020 (car). |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241); Declaration of Gabriela Rivera; Memorandum of Points and Authorities; Request for Order to Show Cause; Proposed Order to Show Cause. Case assigned to Judge Terry J. Hatter, Jr and referred to Magistrate Judge Jacqueline Chooljian.(Filing fee $ 5 FEE DUE), filed by Petitioner Jimmy Sudney. (car) |
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