Eremina v. Mayorkas et al
| Svetlana Eremina |
| Tracy Renaud and Alejandro Mayorkas |
| 1:2021cv00711 |
| March 9, 2021 |
| US District Court for the District of Colorado |
| R Brooke Jackson |
| Marcia S Krieger |
| Other Immigration Actions |
| 28 U.S.C. ยง 1361 |
| None |
Docket Report
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This docket was last retrieved on March 31, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 Civil Case Terminated pursuant to the notice of dismissal filed in this case on 3/31/21. Text Only Entry (jdyne, ) |
| Filing 8 NOTICE of Voluntary Dismissal of Case by Plaintiff Svetlana Eremina (McClure, Lauren) |
| Filing 7 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (sphil, ) |
| Filing 6 CASE REASSIGNED. Pursuant to [#5] Order, This case is randomly reassigned to Judge R. Brooke Jackson and drawn to Magistrate Judge Kathleen M. Tafoya. All future pleadings should be designated as 21-cv-00711-RBJ-KMT. (Text Only Entry). (sphil, ) |
Filing 5
ORDER: Under the local rules of the court, an AP judge manages an administrative appeal through the filing of the administrative record and the completion of briefing. D.C.COLO.LCivR 40.1(d); D.C.COLO.LAPR 10.3. Typically, once briefing is complete, an AP case is returned to the clerk of the court to be drawn to a judge under D.C.COLO.LCiv.R 40.1. The judge so drawn resolves the case on its merits. In this case, Plaintiff requests the Court issue a Writ of Mandamus directing the Federal Defendants to adjudicate an I-130 visa petition. In other word, the claims asserted in the complaint (#1) do not challenge a final decision of an administrative agency. Rather, the plaintiff seeks to compel adjudication and a decision by an administrative agency. This case likely will proceed toward resolution with the filing of an answer and/or motion to dismiss by the defendants rather than with the filing of an administrative record and briefing addressing a final agency action. Thus, the Court finds and concludes that the claims of the Plaintiff can be resolved more efficiently if this case is removed from the AP docket and drawn immediately to a merits judge. Under D.C.COLO.LAPR 16.1(c), the Court may terminate the designation of a case as an AP case for good cause. Good cause exists here. Termination of the AP designation of this case will ensure that all of the claims asserted in the complaint are managed together and will ensure the just, speedy, and inexpensive determination of this case. Fed. R. Civ. P. 1. Thus, this case shall be removed from the AP docket and randomly drawn to a merits judge. THEREFORE, IT IS ORDERED that the clerk of the court shall assign this case to a judge for resolution on the merits under the random assignment procedure of D.C.COLO.LCiv.R 40.1. By Judge Marcia S. Krieger on 3/10/2021. Text Only Entry (msklc4, )
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| Filing 4 SUMMONS REQUEST as to Alejandro Mayorkas, Tracy Renaud, Attorney General, U.S. Attorney by Plaintiff Svetlana Eremina. (Attachments: #1 Summons Renaud Summons, #2 Summons US Attorney Summons, #3 Summons Mayorkas Summons)(McClure, Lauren) |
| Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). NO SUMMONS ISSUED. Summons submitted has incomplete caption and not issued. Please file completed summons for issuance using the event Summons Request. (jsalz, ) |
| Filing 2 Case assigned to Judge Marcia S. Krieger. Text Only Entry. (jsalz, ) |
| Filing 1 COMPLAINT Petition for Writ of Mandamus, Declaratory Judgment and Other Relief against All Defendants (Filing fee $ 402,Receipt Number 1082-7754872)Attorney Lauren Elizabeth McClure added to party Svetlana Eremina(pty:pla), filed by Svetlana Eremina. (Attachments: #1 Civil Cover Sheet, #2 Summons Attorney General Summons, #3 Summons Alejandro Mayorkas Summons, #4 Summons Tracy Renaud Summons, #5 Summons U.S. Attorney Summons)(McClure, Lauren) |
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