Gicharu v. Moniz
| SAMUEL KINUTHIA GICHARU |
| ANTONE MONIZ, Superintendent, Plymouth County Correctional Facility |
| 23-1818 |
| October 3, 2023 |
| U.S. Court of Appeals, First Circuit |
| Habeas Corpus - Alien Detainee |
Docket Report
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ORDER entered by David J. Barron, Chief Appellate Judge. Upon consideration, appellee Antone Moniz's opposed motion for an extension of time to file a response brief is granted. The deadline for appellee's brief is extended to and including December 13, 2023 . Appellant's alternate request for reconsideration of the October 10, 2023, order of the court remains pending and will be addressed in due course. [23-1818] (GB) [Entered: 11/13/2023 09:39 AM]
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ORDER entered. The order entered on November 6, 2023 in hereby vacated as it was issued in error. [23-1818] (GB) [Entered: 11/07/2023 02:23 PM]
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| NOTICE of appearance on behalf of Appellee Antone Moniz filed by Attorney Dhruman Y. Sampat. Served on 11/06/2023. [23-1818] (DYS) [Entered: 11/06/2023 09:51 AM] |
| MOTION to extend time to file brief filed by Appellee Antone Moniz. Served on 11/06/2023. [23-1818] (DYS) [Entered: 11/06/2023 11:59 AM] |
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ORDER granting motion to extend time to file brief filed by Appellee Antone Moniz. Brief due 12/13/2023 for appellee Antone Moniz. [23-1818] (GB) [Entered: 11/06/2023 04:42 PM]
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| RESPONSE filed by Appellant Samuel Kinuthia Gicharu to motion to extend time to file brief [ # 6602207-2 ], and MOTION for reconsideration of the court's order dated October 10, 2023 [ # 6596458-2 ]. Served on 11/05/2023. [23-1818]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (GB) [Entered: 11/06/2023 04:56 PM] |
| COURTESY COPY of response [6602332-] to motion to extend time to file brief filed by Appellant Samuel Kinuthia Gicharu. Number of Copies: THREE (3). [23-1818] (GB) [Entered: 11/06/2023 06:18 PM] |
| NOTICE of appearance on behalf of Appellee Antone Moniz filed by Attorney Mark Sauter. Served on 10/17/2023. [23-1818] (MS) [Entered: 10/17/2023 02:45 PM] |
| EIGHT (8) paper copies of appellant's brief [ # 6597358-2 ] submitted by Appellant Samuel Kinuthia Gicharu. [23-1818] (AVN) [Entered: 10/16/2023 04:35 PM] |
| APPELLANT'S BRIEF filed by Appellant Samuel Kinuthia Gicharu. Number of copies: ONE (1). Served on 10/05/2023. EIGHT (8) paper copies identical to that of the paper copy received on October 3, 2023 must be submitted so that they are received by the court on or before 10/19/2023 . Brief due 11/13/2023 for APPELLEE Antone Moniz. [23-1818] (GB) [Entered: 10/12/2023 02:12 PM] |
| CORRECTED ORDER* entered. Pursuant to appellant's response to the court's October 10, 2023, order, Petitioner-Appellant's "Appeal Brief And petitioner injunctive relief motion brief" received on October 3, 2023 is accepted as his brief. Appellee's response brief is due on or before November 13, 2023 . *Corrected order issued to amend appellee's response brief due date. [23-1818] (GB) [Entered: 10/12/2023 02:06 PM] |
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ORDER entered. Pursuant to appellant's response to the court's October 10, 2023, order, Petitioner-Appellant's "Appeal Brief And petitioner injunctive relief motion brief" received on October 3, 2023 is accepted as his brief. Appellee's response brief is due on or before November 11, 2023 . [23-1818] (GB) [Entered: 10/12/2023 01:56 PM]
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| Filing fee was paid in the district court by Appellant Samuel Kinuthia Gicharu on 10/12/2023. [23-1818] (GB) [Entered: 10/12/2023 12:44 PM] |
| RESPONSE filed by Appellant Samuel Kinuthia Gicharu to the court's order dated October 10, 2023 [ # 6596458-2 ]. Served on 10/10/2023. [23-1818] (GB) [Entered: 10/12/2023 11:56 AM] |
| BRIEFING schedule set. Brief due 11/20/2023 for appellant Samuel Kinuthia Gicharu. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellee's brief. [23-1818] (GB) [Entered: 10/11/2023 12:46 PM] |
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ORDER entered by David J. Barron, Chief Appellate Judge; William J. Kayatta, Jr., Appellate Judge; Gustavo A. Gelp , Jr., Appellate Judge; Lara E. Montecalvo, Appellate Judge and Julie Rikelman, Appellate Judge. This matter is before the court on Petitioner-Appellant's "Appeal Brief And petitioner injunctive relief motion brief." The request for initial hearing en banc set out in that filing is DENIED . See generally Fed. R. App. P. 35(a) (stating that "en banc hearing or rehearing is not favored" and will only be granted under limited circumstances). The request for injunctive relief also is DENIED because Petitioner-Appellant failed to seek such relief in the district court in the first instance, see Fed. R. App. P. 8(a)(1), and because, in any event, Petitioner-Appellant has not demonstrated that such relief is in order, see Together Emps. v. Mass Gen. Brigham Inc. , 19 F.4th 1, 7 (1st Cir. 2021) (injunction factors; likelihood of success and danger of irreparable harm are most important). As petitioner already has been removed from the United States, no stay of removal under Local Rule 18.0 will enter in this matter. A briefing schedule will be entered in due course, and petitioner is encouraged to focus on briefing his challenges to the district court's dismissal of the underlying matter, as opposed to filing additional appellate motions. If petitioner wishes for the current filing to be treated as his opening brief, he may so inform the court, in writing, by the opening-brief deadline set out in the eventual briefing schedule. [23-1818] (GB) [Entered: 10/10/2023 08:32 AM]
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| LETTER sent to Appellant Samuel Kinuthia Gicharu regarding their tendered Transcript Report/Order Form received on October 3, 2023. [23-1818] (ATC) [Entered: 10/04/2023 05:02 PM] |
| NOTICE regarding application of Local Rule 18.0. [23-1818] (GB) [Entered: 10/04/2023 11:18 AM] |
| MOTION for injunction relief and appellant's brief filed by Appellant Samuel Kinuthia Gicharu. Certificate of service was not included. [23-1818] (GB) [Entered: 10/04/2023 08:04 AM] |
| PLEADING tendered: Transcript Report/Order Form filed by Appellant Samuel Kinuthia Gicharu. Certificate of service was incorrectly dated as 10/05/2023. [23-1818] (GB) [Entered: 10/04/2023 01:40 PM] |
| DOCKETING statement filed by Appellant Samuel Kinuthia Gicharu. Certificate of service was incorrectly dated as 10/05/2023. [23-1818] (GB) [Entered: 10/04/2023 01:45 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #27) filed by Appellant Samuel Kinuthia Gicharu. Fee due 10/17/2023 . [23-1818] (GB) [Entered: 10/03/2023 06:22 PM] |
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