Avilez v. Barr et al
Petitioner: Lexis Hernandez Avilez
Respondent: Matthew T. Albence, William P. Barr, Chad F. Wolf, Sheriff Wendell Anderson and David W. Jennings
Case Number: 3:2019cv08296
Filed: December 19, 2019
Court: US District Court for the Northern District of California
Presiding Judge: Charles R Breyer
Nature of Suit: Habeas Corpus - Alien Detainee
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 8, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 14, 2020 Filing 35 Federal Respondents' RESPONSE to Petition for Writ of Habeas Corpus byMatthew T. Albence, William P. Barr, David W. Jennings, Chad F. Wolf. Traverse due by 2/21/2020. (Johann, Pamela) (Filed on 2/14/2020)
February 14, 2020 Filing 34 STATUS REPORT by Matthew T. Albence, William P. Barr, David W. Jennings, Chad F. Wolf. (Johann, Pamela) (Filed on 2/14/2020)
February 11, 2020 Opinion or Order Filing 33 STIPULATION AND ORDER REVISING BRIEFING SCHEDULE by Judge Charles R. Breyer: Granting #32 Stipulation. (lsS, COURT STAFF) (Filed on 2/11/2020)
February 10, 2020 Filing 32 STIPULATION WITH PROPOSED ORDER re Briefing Schedule filed by Matthew T. Albence, William P. Barr, David W. Jennings, Chad F. Wolf. (Johann, Pamela) (Filed on 2/10/2020)
February 5, 2020 Opinion or Order Filing 31 ORDER by Judge Charles R. Breyer denying #13 Motion for TRO. (crblc2, COURT STAFF) (Filed on 2/5/2020)
February 4, 2020 Filing 30 Minute Entry for proceedings held before Judge Charles R. Breyer: Status Conference held on 2/4/2020. The Court will issue an order. (Total Time in Court: 9 Minutes) Court Reporter: Belle Ball. Plaintiff Attorney: Hector A. Vega. Defendant Attorney: Pamela T. Johann; Anastasia Sullivan (CourtCall). (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Date Filed: 2/4/2020)
February 3, 2020 Filing 29 STATUS REPORT Joint Status Report by Matthew T. Albence, William P. Barr, David W. Jennings, Chad F. Wolf. (Johann, Pamela) (Filed on 2/3/2020)
January 22, 2020 Filing 28 Minute Entry for proceedings held before Judge Charles R. Breyer: Telephonic Status Conference via CourtCall held on 1/22/2020. A Joint Status Report due by 2/3/2020. Status Conference set for 2/4/2020 at 3:00 PM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (Total Time in Court: 18 Minutes) Court Reporter: Marla Knox. Petitioner Attorney: Hector A. Vega and Genna E. Beier. Respondent Attorney: Pamela T. Johann and Anastasia M. Sullivan. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Date Filed: 1/22/2020)
January 21, 2020 Filing 27 CLERK'S NOTICE: Telephone Conference set for 1/22/2020 at 11:30 AM before Judge Charles R. Breyer. Counsel shall make arrangements through CourtCall (866) 582-6878. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 1/21/2020)
January 16, 2020 Filing 26 NOTICE by Lexis Hernandez Avilez re #13 Ex Parte MOTION for Temporary Restraining Order and Preliminary Injunction Notice of Unavailability (Beier, Genna) (Filed on 1/16/2020)
January 14, 2020 Opinion or Order Filing 25 STIPULATION AND ORDER REGARDING FILING OF AMENDED DECLARATION by Judge Charles R. Breyer: Granting #22 Stipulation. (lsS, COURT STAFF) (Filed on 1/14/2020)
January 10, 2020 Filing 24 CLERK'S NOTICE: Petitioner shall file a reply brief by Friday, January 17, 2020 by 5:00 p.m. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 1/10/2020)
January 10, 2020 Filing 23 REPLY (re #22 STIPULATION WITH PROPOSED ORDER re #20 Opposition/Response to Motion for Temporary Restraining Order, #13 Ex Parte MOTION for Temporary Restraining Order and Preliminary Injunction ) filed byLexis Hernandez Avilez. (Attachments: #1 Declaration of Genna Beier, #2 Exhibit)(Beier, Genna) (Filed on 1/10/2020)
January 10, 2020 Filing 22 STIPULATION WITH PROPOSED ORDER re #20 Opposition/Response to Motion for Temporary Restraining Order filed by Matthew T. Albence, William P. Barr, David W. Jennings, Chad F. Wolf. (Attachments: #1 Declaration (Amended) of Joshua J. Lind)(Johann, Pamela) (Filed on 1/10/2020)
January 7, 2020 Filing 21 Declaration of Joshua J. Lind in Support of #20 Opposition/Response to Motion filed byMatthew T. Albence, William P. Barr, David W. Jennings, Chad F. Wolf. (Attachments: #1 Exhibit A-L)(Related document(s) #20 ) (Johann, Pamela) (Filed on 1/7/2020) Modified on 1/9/2020 **Exhibits locked per filer's request.** (ddkS, COURT STAFF).
January 7, 2020 Filing 20 OPPOSITION/RESPONSE (re #13 Ex Parte MOTION for Temporary Restraining Order and Preliminary Injunction ) filed byMatthew T. Albence, William P. Barr, David W. Jennings, Chad F. Wolf. (Johann, Pamela) (Filed on 1/7/2020)
January 7, 2020 Filing 19 OPPOSITION/RESPONSE (re #13 Ex Parte MOTION for Temporary Restraining Order and Preliminary Injunction ) Notice of Joinder in Federal Respondents' Response filed byWendell Anderson. (Sullivan, Anastasia) (Filed on 1/7/2020)
January 6, 2020 Filing 18 NOTICE of Appearance by Anastasia M Sullivan (Sullivan, Anastasia) (Filed on 1/6/2020)
January 3, 2020 Filing 17 CERTIFICATE OF SERVICE by Lexis Hernandez Avilez re #16 Order, #13 Ex Parte MOTION for Temporary Restraining Order and Preliminary Injunction on Yuba County Sheriff (Beier, Genna) (Filed on 1/3/2020)
January 3, 2020 Opinion or Order Filing 16 ORDER REQUIRING RESPONSE TO #13 PETITIONER'S REQUEST FOR A TEMPORARY RESTRAINING ORDER. The respondents are ORDERED to respond no later than 12:00 PM PST on Tuesday, January 7, 2020. Signed by Judge William H. Orrick on 01/03/2020. (jmdS, COURT STAFF) (Filed on 1/3/2020)
January 3, 2020 Opinion or Order Filing 15 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Robert M. Illman no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 1/3/20. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 1/3/2020)
January 3, 2020 Filing 14 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (rmilc2S, COURT STAFF) (Filed on 1/3/2020)
January 3, 2020 Filing 13 Ex Parte MOTION for Temporary Restraining Order and Preliminary Injunction filed by Lexis Hernandez Avilez. (Attachments: #1 Proposed Order, #2 Memorandum of Points and Authorities, #3 Declaration, #4 Exhibit)(Beier, Genna) (Filed on 1/3/2020)
December 30, 2019 Opinion or Order Filing 12 Order by Magistrate Judge Robert M. Illman granting #9 Stipulation. (rmilc2, COURT STAFF) (Filed on 12/30/2019)
December 26, 2019 Filing 11 SUMMONS Returned Executed by Lexis Hernandez Avilez. Wendell Anderson served on 12/23/2019, answer due 1/13/2020. (Beier, Genna) (Filed on 12/26/2019)
December 26, 2019 Filing 10 SUMMONS Returned Executed by Lexis Hernandez Avilez. Matthew T. Albence served on 12/23/2019, answer due 2/21/2020; William P. Barr served on 12/23/2019, answer due 2/21/2020; David W. Jennings served on 12/23/2019, answer due 2/21/2020; Chad F. Wolf served on 12/23/2019, answer due 2/21/2020. (Beier, Genna) (Filed on 12/26/2019)
December 23, 2019 Filing 9 STIPULATION AND [PROPOSED] ORDER re Briefing Schedule filed by Matthew T. Albence, William P. Barr, David W. Jennings, Chad F. Wolf. (Johann, Pamela) (Filed on 12/23/2019)
December 23, 2019 Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Matthew T. Albence, William P. Barr, David W. Jennings, Chad F. Wolf.. (Johann, Pamela) (Filed on 12/23/2019)
December 20, 2019 Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lexis Hernandez Avilez.. (Beier, Genna) (Filed on 12/20/2019)
December 20, 2019 Filing 6 Summons Issued as to Matthew T. Albence, Wendell Anderson, William P. Barr, David W. Jennings, Chad F. Wolf. (msrS, COURT STAFF) (Filed on 12/20/2019)
December 20, 2019 Filing 5 NOTICE of Appearance by Hector Alejandro Vega (Vega, Hector) (Filed on 12/20/2019)
December 20, 2019 Filing 4 Case assigned to Magistrate Judge Robert M. Illman. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/3/2020. (mbcS, COURT STAFF) (Filed on 12/20/2019)
December 20, 2019 Filing 3 Erroneous Entry--Please Ignore MOTION to Appoint Counsel filed by Lexis Hernandez Avilez. (Vega, Hector) (Filed on 12/20/2019) Modified on 12/20/2019 (msrS, COURT STAFF).
December 19, 2019 Filing 2 Proposed Summons. (Beier, Genna) (Filed on 12/19/2019)
December 19, 2019 Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number 0971-13997525.). Filed byLexis Hernandez Avilez. (Attachments: #1 Civil Cover Sheet, #2 Declaration in support of habeas petition, #3 Exhibit in support of habeas petition)(Beier, Genna) (Filed on 12/19/2019)

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Respondent: Matthew T. Albence
Represented By: Pamela T. Johann
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Respondent: William P. Barr
Represented By: Pamela T. Johann
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Respondent: Chad F. Wolf
Represented By: Pamela T. Johann
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Respondent: Sheriff Wendell Anderson
Represented By: Anastasia M Sullivan
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Respondent: David W. Jennings
Represented By: Pamela T. Johann
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Petitioner: Lexis Hernandez Avilez
Represented By: Genna Ellis Beier
Represented By: Hector Alejandro Vega
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