Essien v. Barr et al
| Uto Essien and Uto Thomas Essien |
| Matthew Albence, Chad Wolf, Johnny Choate, William P. BARR, John Fabbricatore, Chad (I) Wolf, Matthew T. Albence, John (I) Fabbricatore, William Barr, Johnny (I) Choate, Matthew (I) T. Albence and William (I) Barr |
| 1:2020cv01034 |
| April 10, 2020 |
| US District Court for the District of Colorado |
| William J Martinez |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 in |
| None |
Docket Report
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Filing 21
ORDER: Before the Court is the parties' Joint Status Report #20 . The Court agrees that a stay is warranted under the circumstances. Accordingly, all proceedings in this action are STAYED until further order of Court. On the last court business day of each calendar quarter (beginning June 30, 2020), Petitioner shall file, on behalf of the parties, a joint status report informing the Court of, among anything else relevant: (i) whether Petitioner has nonetheless been exposed to SARS-CoV-2 or contracted COVID-19; (ii) the progress of Petitioner's immigration proceedings; (iii) the status of COVID-19 at the Facility (e.g., confirmed cases, outcomes, etc.); and (iv) Respondents' efforts taken to prevent COVID-19's introduction and/or to reduce its spread at the Facility (if there has been any change since the previous report). SO ORDERED by Judge William J. Martinez on 04/30/2020. Text Only Entry (wjmlc1)
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| Filing 20 Joint STATUS REPORT by Petitioner Uto Thomas Essien. (Hall, Aaron) |
| Filing 19 NOTICE re #17 Order on Motion for TRO Notice Regarding Passport by Petitioner Uto Thomas Essien (Hall, Aaron) |
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Filing 18
ORDER: Before the Court is Petitioner's Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 #1 . Pursuant to 28 U.S.C. 2243, this Court must issue an order to show cause to Respondents why the writ should not be granted. However, the preliminary injunction proceedings have shown that more deliberate factual development may be needed, rather than relying on Internet citations, declarations filed in different cases, and declarations of counsel. Accordingly, counsel for Petitioner and counsel for Respondents are ORDERED to confer on this matter, and counsel for Petitioner shall then file a status report no later than Wednesday, April 29, 2020, explaining the parties' position (or respective positions, if necessary) on this matter, and proposing a reasonable schedule for factual development, if needed, and merits briefing. SO ORDERED by Judge William J. Martinez on 04/24/2020. Text Only Entry (wjmlc1)
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Filing 17
ORDER granting Petitioner's Motion for a Temporary Restraining Order #4 , construed as a motion for a preliminary injunction, by Judge William J. Martinez on 04/24/2020. (wjmlc1)
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| Filing 16 SUPPLEMENT/AMENDMENT to #12 Reply to Response to Motion, SECOND SUPPLEMENT TO REPLY by Petitioner Uto Thomas Essien. (Hall, Aaron) |
| Filing 15 SUPPLEMENT/AMENDMENT to #12 Reply to Response to Motion, by Petitioner Uto Thomas Essien. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Hall, Aaron) |
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Filing 14
ORDER: Before the Court is Plaintiff's Motion for a Temporary Restraining Order #4 (which the Court has construed as a motion for a preliminary injunction), Defendants' response #10 , and Plaintiff's reply #12 . Plaintiff is DIRECTED to file a supplement to his reply no later than tomorrow, April 23, 2020, addressing the following: What is presently in the record, or can be introduced into the record by way of a declaration or otherwise, to demonstrate that Plaintiff will be at less risk of contracting COVID-19 at his sister's home than in the Aurora ICE detention facility? For example, what is the size of the home and how many persons live in that home? Do the current residents of the home regularly leave the home? If so, for what purpose? Does anyone regularly visit the home? If so, for what purpose? What CDC-recommended procedures are now in place at the home to significantly reduce the likelihood that the COVID-19 virus may be introduced into the home in the first instance, or may spread from one resident in the home to another in the event the virus is already in the home? SO ORDERED by Judge William J. Martinez on 04/22/2020. Text Only Entry (wjmlc1)
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| Filing 13 NOTICE re #12 Reply to Response to Motion, NOTICE CORRECTING REPRESENTATION OF STATISTICS IN REPLY by Petitioner Uto Thomas Essien (Hall, Aaron) |
| Filing 12 REPLY to Response to #4 Emergency MOTION for Temporary Restraining Order filed by Petitioner Uto Thomas Essien. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Hall, Aaron) |
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Filing 11
ORDER: Before the Court is Plaintiff's Motion for a Temporary Restraining Order #4 (which the Court has construed as a motion for a preliminary injunction) and Defendants' response #10 . Plaintiff is DIRECTED to file a reply no later than Wednesday, April 22, 2020, at 8:00 AM. In addition to anything else Plaintiff includes in that reply, Plaintiff shall address the following: (1) In what way is Plaintiff particularly susceptible to a severe case of COVID-19, such that permitting his release would not suggest that a substantial portion, if not all, of the Aurora ICE detainees should also be released? (2) Does Plaintiff contest any of Defendants' factual assertions regarding the steps the facility is taking to prevent the introduction and spread of COVID-19, and if so, on what basis? To the extent obtaining a declaration from Plaintiff is impracticable given current visitation restrictions at the facility, the Court authorizes Plaintiff's counsel, in these unique circumstances, to submit a declaration of counsel, as an officer of the court, that accurately conveys Plaintiff's factual position (obtained by speaking with Plaintiff, by telephone or otherwise). SO ORDERED by Judge William J. Martinez on 04/17/2020. Text Only Entry (wjmlc1)
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| Filing 10 RESPONSE to #4 Emergency MOTION for Temporary Restraining Order filed by Respondents Matthew T. Albence, William Barr, Johnny Choate, John Fabbricatore, Chad Wolf. (Attachments: #1 Davies Decl., #2 Bell Decl., #3 Ex A, #4 Ex B, #5 Ex C, #6 Ex D, #7 Ex E, #8 Ex F, #9 Ex G, #10 Ex H, #11 Ex I, #12 Ex J, #13 Ex K, #14 Ex L, #15 Ex M)(Bobet, Jane) |
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Filing 9
ORDER granting Respondents' Unopposed Motion for Leave to Exceed Page Limit #8 . Respondents' Motion is GRANTED for good cause shown. Respondents are granted leave to file their Response to Petitioner's Motion for Temporary Restraining Order not to exceed 30 pages, exclusive of attorney signature blocks and certificate of service. SO ORDERED by Judge William J. Martinez on 4/16/2020. Text Only Entry(wjmsec, )
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| Filing 8 Unopposed MOTION for Leave to File Excess Pages by Respondents Matthew T. Albence, William Barr, Johnny Choate, John Fabbricatore, Chad Wolf. (Bobet, Jane) |
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Filing 7
ORDER: Before the Court is Plaintiff's Motion for a Temporary Restraining Order #4 . Exclusive of the signature block and certificate of service, the motion is 32 pages long, which grossly violates the undersigned's (and Magistrate Judge Tafoya's) practice standards, requiring motions of this type to be no more than 15 pages. See WJM Revised Practice Standard III.C.1. Nonetheless, solely in the interest of justice, the Court accepts the motion as filed. All further filings must comply with the undersigned's Revised Practice Standards. Considering the nature of relief requested and the fact that counsel for Defendants have already appeared, the Court is convinced that no form of injunctive relief should enter "before the adverse party can be heard in opposition." Fed. R. Civ. P. 65(b)(1)(A). Accordingly, Plaintiff's motion is DENIED with respect to the precise relief requested, namely, a temporary restraining order. In the interest of justice, however, the Court sua sponte construes Plaintiff's motion as one for a preliminary injunction. So construed, Defendants are DIRECTED to respond on or before Friday, April 17, 2020, at 12:00 PM (noon). Upon receiving Defendants' response, the Court will determine whether a reply brief and/or an evidentiary hearing is necessary. SO ORDERED by Judge William J. Martinez on 04/14/2020. Text Only Entry (wjmlc1)
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| Filing 6 CASE REASSIGNED pursuant to #4 Emergency MOTION for Temporary Restraining Order . This case is randomly reassigned to Judge William J. Martinez pursuant to D.C.COLO.LCivR 40.1(c)(a). All future pleadings should be designated as 20-cv-01034-WJM. (Text Only Entry) (jgonz, ) |
| Filing 5 NOTICE of Entry of Appearance by Jane Elizabeth Bobet on behalf of Matthew T. Albence, William Barr, Johnny Choate, John Fabbricatore, Chad WolfAttorney Jane Elizabeth Bobet added to party Matthew T. Albence(pty:res), Attorney Jane Elizabeth Bobet added to party William Barr(pty:res), Attorney Jane Elizabeth Bobet added to party Johnny Choate(pty:res), Attorney Jane Elizabeth Bobet added to party John Fabbricatore(pty:res), Attorney Jane Elizabeth Bobet added to party Chad Wolf(pty:res) (Bobet, Jane) |
| Filing 4 Emergency MOTION for Temporary Restraining Order by Petitioner Uto Thomas Essien. (Hall, Aaron) |
| Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (trvo, ) |
| Filing 2 Case assigned to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (trvo, ) |
| Filing 1 APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number 1082-7247001)Attorney Aaron C. Hall added to party Uto Essien(pty:pet), filed by Uto Essien. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet Attachment to Civil Cover Sheet, Notice of Related Cases, #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)(Hall, Aaron) |
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