Nzayikorera v. Fabbricatore et al
Petitioner: Leonald Nzayikorera
Respondent: John Fabbricatore, Tae Johnson, Alejandro Mayorkas, Merrick B. Gardland and Johnny Choate
Case Number: 1:2021cv02037
Filed: July 27, 2021
Court: US District Court for the District of Colorado
Presiding Judge: Gordon P Gallagher
Referring Judge: Regina M Rodriguez
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 16, 2021 Filing 23 STATUS REPORT by Respondents Johnny Choate, John Fabbricatore, Merrick B. Gardland, Tae Johnson, Alejandro Mayorkas. (Attachments: #1 Exhibit A (Suppl. Garcia Decl.))(Ellis, Laura)
September 9, 2021 Opinion or Order Filing 22 ORDER. The Court GRANTS the Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 and ORDERS that Applicant must be released from custody under appropriate conditions of supervision by September 30, 2021. The Court ORDERS Respondents to file a status report no later than October 1, 2021 regarding the status of Applicants release. ORDERED by Judge Regina M Rodriguez on 9/9/2021. (angar, )
September 7, 2021 Filing 21 RESPONSE TO ORDER TO SHOW CAUSE re #8 by Respondents Johnny Choate, John Fabbricatore, Merrick B. Gardland, Tae Johnson, Alejandro Mayorkas. (Attachments: #1 Exhibit A (Garcia Decl.))(Ellis, Laura)
August 30, 2021 Opinion or Order Filing 20 DISREGARD - case no longer referred to Magistrate Judge Nina Y. Wang ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Regina M Rodriguez on 8/30/2021. Text Only Entry (rmrja) Modified on 8/31/2021 to remove NYW from case (angar, ).
August 30, 2021 Filing 19 CASE REASSIGNED pursuant to #18 Consent/Non-Consent Form to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Regina M Rodriguez. All future pleadings should be designated as 21-cv-02037-RMR. (Text Only Entry) (alave, )
August 30, 2021 Filing 18 CONSENT to Jurisdiction of Magistrate Judge by Respondents Johnny Choate, John Fabbricatore, Merrick B. Gardland, Tae Johnson, Alejandro Mayorkas All parties do not consent.. (Ellis, Laura)
August 30, 2021 Filing 17 NOTICE of Entry of Appearance by Laura J. Ellis on behalf of Johnny Choate, John Fabbricatore, Merrick B. Gardland, Tae Johnson, Alejandro MayorkasAttorney Laura J. Ellis added to party Johnny Choate(pty:res), Attorney Laura J. Ellis added to party John Fabbricatore(pty:res), Attorney Laura J. Ellis added to party Merrick B. Gardland(pty:res), Attorney Laura J. Ellis added to party Tae Johnson(pty:res), Attorney Laura J. Ellis added to party Alejandro Mayorkas(pty:res) (Ellis, Laura)
August 23, 2021 Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Petitioner Leonald Nzayikorera. Only Plaintiff consents. (alave, )
August 17, 2021 Filing 15 Acknowledgment Receipt on behalf of the Attorney General for the State of Colorado re: 12 Certificate of Service. (alave, )
August 17, 2021 Filing 14 ACCEPTANCE OF SERVICE of the Minute Order #11 , Order to Show Cause #8 , and #1 Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241, filed by United States Attorney's Office Denver. (alave, )
August 17, 2021 Filing 13 CERTIFICATE of Service by Clerk of Court re #1 PRISONER MOTION for Appointment of Counsel, #8 Order to Show cause, #11 Minute Order for Service of Process. (Attachments: #1 USPS Certified Mail Receipt, #2 USPS Certified Mail Receipt, #3 USPS Certified Mail Receipt, #4 USPS Certified Mail Receipt, #5 USPS Certified Mail Receipt) (alave, )
August 17, 2021 Filing 12 CERTIFICATE of Service by Mail by Clerk of Court re #11 Minute Order,, #1 MOTION to Appoint Counsel, #8 Order to Show Cause, to Leonald Nzayikorera, Teller County Detention Facility, P.O. Box 730/288County Road 29, Divide, CO 80814. Text Only Entry. (alave, )
August 16, 2021 Opinion or Order Filing 11 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 08/16/2021. it is ORDERED that: The parties shall submit a completed Consent/Non-Consent Form on or before 9/1/2021. The Clerk of the Court shall send a copy of the Application #1 , Magistrate Judge Gallaghers Order to Show Cause #8 , and this Minute Order to Respondents, as well as a courtesy copy via email to the United States Attorneys Office for the District of Colorado; and The Clerk of Court shall send a copy of this Minute Order to Petitioner at: Leonald Nzayikorera, Teller County Detention Facility, P.O. Box 730/288, County Road 29, Divide, CO 80814. (alave, )
August 16, 2021 Filing 10 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (athom, )
August 16, 2021 Opinion or Order Filing 9 ORDER DRAWING CASE by Magistrate Judge Gordon P. Gallagher on 08/16/2021. This case is randomly reassigned to Magistrate Judge Nina Y. Wang. All future pleadings should be designated as 21-cv-02037-NYW. (athom, )
August 16, 2021 Opinion or Order Filing 8 ORDER TO SHOW CAUSE. It is ORDERED that Respondents show cause within twenty-one (21) days from the date of this order why the application for a writ of habeas corpus should not be granted. within twenty-one (21) days of Respondents' answer to this show cause order Applicant may file a Reply, if any. By Magistrate Judge Gordon P. Gallagher on 08/16/2021. (athom, )
August 16, 2021 Opinion or Order Filing 7 MINUTE ORDER by Magistrate Judge Gordon P. Gallagher on 08/16/2021. The Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 in a Habeas Corpus Action (ECF No. #6 ) is denied as moot. Petitioner paid the $5.00 filing fee on August 12, 2021. (ECF No. #4 ). (athom, )
August 12, 2021 Filing 6 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 in Habeas Corpus Action by Petitioner Leonald Nzayikorera. (athom, )
August 12, 2021 Filing 5 APPLICATION for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241, filed by Leonald Nzayikorera. (Attachments: #1 Exhibit) (athom, )
August 12, 2021 Filing 4 Filing fee: $ 5.00, receipt number COX100027. (athom, )
July 28, 2021 Opinion or Order Filing 3 ORDER DIRECTING PETITIONER TO CURE DEFICIENCIES. The Clerk of Court mail to Petitioner, together with a copy of this order, blank copies of the following forms: (1)Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241; and (2) Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 in a Habeas Corpus Action. If Petitioner fails to cure the designated deficiencies within thirty (30) days from the date of this order, the action will be dismissed without further notice. The dismissal shall be without prejudice. The Prisoner Motion for Appointment of Counsel (ECF No. #1 ) is denied without prejudice. By Magistrate Judge Gordon P. Gallagher on 07/28/2021. (athom, ) (forms mailed as ordered)
July 27, 2021 Filing 2 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry (jsalz, )
July 27, 2021 Filing 1 PRISONER MOTION for Appointment of Counsel by Petitioner Leonald Nzayikorera. (Attachments: #1 Letter, #2 Envelope)(jsalz, )

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Petitioner: Leonald Nzayikorera
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Respondent: John Fabbricatore
Represented By: Laura J. Ellis
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Respondent: Tae Johnson
Represented By: Laura J. Ellis
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Respondent: Alejandro Mayorkas
Represented By: Laura J. Ellis
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Respondent: Merrick B. Gardland
Represented By: Laura J. Ellis
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Respondent: Johnny Choate
Represented By: Laura J. Ellis
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