Yinke Chen v. Chad F. Wolf, et al
| Yinke Chen |
| David Marin, Gabriel Valdez, Warden, William Barr and Chad F. Wolf |
| 5:2020cv01242 |
| June 19, 2020 |
| US District Court for the Central District of California |
| David O Carter |
| John D Early |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Filing 15 JUDGMENT by Judge David O. Carter, Related to: Order of Dismissal #14 . IT IS ADJUDGED that the petition is denied and this action is dismissed without prejudice. (MD JS-6, Case Terminated). (hr) |
Filing 14
ORDER OF DISMISSAL by Judge David O. Carter, re MOTION to Dismiss #11 . IT IS HEREBY ORDERED THAT: 1. The Motion (Dkt. 11) is GRANTED; and 2. Judgment shall be entered forthwith dismissing the action without prejudice. (see document for further details) (hr)
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| Filing 13 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case For Lack of Jurisdiction (Mootness) #11 filed by Petitioner Yinke Chen. (Menninger, David) |
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Filing 12
MINUTE ORDER (IN CHAMBERS) by Magistrate Judge John D. Early, re Briefing on Respondent's Request to Dismiss Action Based on Mootness #11 . On July 22, 2020, Respondents filed a Motion to Dismiss Case for Lack of Jurisdiction (Mootness), stating Petitioner had been released from immigration custody, with copies of the Release Notification and Order of Supervision. Dkt. 11 ("Motion"). In light of the release, which was the sole remedy sought by Petitioner, Respondent requests dismissal of the action based on mootness. Respondents state that counsel for Respondents was advised of the release on July 2, 2020. By no later than July 23, 2020, counsel for Petitioner shall file a Notice stating whether the Motion is opposed. If the Motion is opposed, the Court will set an expedited briefing schedule. (mba)
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| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss Case For Lack of Jurisdiction (Mootness) filed by Respondents William Barr, David Marin, Gabriel Valdez, Warden, Chad F. Wolf. (Attachments: #1 Exhibit A - Redacted Release Documents) (Darrow, Joseph) |
| Filing 10 Mail Returned addressed to Yinke Chen re Returning Case for Reassignment w/i division (CV-89), #4 (shb) |
| Filing 16 Mail Returned addressed to Yinke Chen re Notice of Reference to US Magistrate Judge (CV-84) (Habeas Corpus) #3 (yl) |
| Filing 9 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph Anton Darrow counsel for Respondents William Barr, David Marin, Gabriel Valdez, Warden, Chad F. Wolf. Adding Joseph Anton Darrow as counsel of record for Chad Wolf; William Barr; David Marin; Gabriel Valdez; Warden, Geo Group for the reason indicated in the G-123 Notice. Filed by Respondents Chad F. Wolf; William Barr; David Marin; Gabriel Valdez; Warden, Geo Group. (Attorney Joseph Anton Darrow added to party William Barr(pty:res), Attorney Joseph Anton Darrow added to party David Marin(pty:res), Attorney Joseph Anton Darrow added to party Gabriel Valdez(pty:res), Attorney Joseph Anton Darrow added to party Warden(pty:res), Attorney Joseph Anton Darrow added to party Chad F. Wolf(pty:res))(Darrow, Joseph) |
| Filing 8 Mail Returned addressed to Yinke Chen re Order on Motion for Appointment of Counsel #5 , Order Requiring Return/Answer to Petition #6 (hr) |
| Filing 7 NOTICE OF APPEARANCE OR REASSIGNMENT of Deputy Public Defender David Lee Menninger on behalf of Petitioner Yinke Chen. Filed by Petitioner Yinke Chen. (Menninger, David) |
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Filing 6
ORDER REQUIRING ANSWER/RETURN TO PETITION by Magistrate Judge John D. Early. That Respondent William Barr file Answer to the Petition not later than 8/6/2020; David Marin file Answer to the Petition not later than 8/6/2020; Gabriel Valdez file Answer to the Petition not later than 8/6/2020; Warden file Answer to the Petition not later than 8/6/2020; Chad F. Wolf file Answer to the Petition not later than 8/6/2020. Notice: The court has issued a ruling on preliminary review. Pursuant to the Agreement on Acceptance of Service between the Clerk of Court and the United States Attorneys Office, this Notice constitutes service under Fed. R. Civ. P. 4. Motions to Dismiss shall be filed by 7/22/2020. (Attachments: #1 Petition) (mba)
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Filing 5
ORDER APPOINTING COUNSEL by Magistrate Judge John D. Early: granting #2 EX PARTE APPLICATION for Appointment of Counsel. The Court hereby ORDERS that David Menninger of the Office of the Federal Public Defender for the Central District of California is appointed to represent Petitioner and this matter is REFERRED. Within ten (10) days of the service date of this Order, appointed counsel shall e-file a Notice of Appearance. (see document for further details) (hr)
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Filing 4
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Terry J. Hatter, Jr. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Terry J. Hatter, Jr to Judge David O. Carter for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:20-cv-01242 DOC(JDE). (rn)
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| Filing 3 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 John D. Early, 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. (car) |
| Filing 2 EX PARTE APPLICATION for Appointment of Counsel filed by Federal Public Defender on behalf of Petitioner Yinke Chen. (Attachments: #1 Lodged Proposed Order for Appointment of Counsel) (car) |
| Filing 1 PETITION FOR A WRIT OF HABEAS CORPUS BY A PERSON IN FEDERAL CUSTODY (28 U.S.C. 2241); MEMORANDUM OF POINTS AND AUTHORITIES; EXHIBITS (Filed in lieu of form CV-27) Case assigned to Judge Terry J. Hatter, Jr and referred to Magistrate Judge John D. Early.(Filing fee $ 5 FEE PAID), filed by Petitioner Yinke Chen. (car) Modified on 6/19/2020 (car). |
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