Xing v. Department of Homeland Security et al
| Wen Xing |
| Alejandros mayorkas, M. Ur Jaddou, Department of Homeland Security, Alejandro Mayorkas, United States Citizenship and Immigration Services and Ur Jaddou |
| 1:2021cv03425 |
| December 21, 2021 |
| US District Court for the District of Colorado |
| Marcia S Krieger |
| Mandamus & Other |
| 05 U.S.C. ยง 551 |
| None |
Docket Report
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| Document Text |
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| Filing 11 SUMMONS Returned Executed upon United States Attorney defendant(s) Department of Homeland Security served on 1/26/2022, answer due 3/27/2022; Ur Jaddou served on 1/26/2022, answer due 3/27/2022; Alejandro Mayorkas served on 1/26/2022, answer due 3/27/2022; United States Citizenship and Immigration Services served on 1/26/2022, answer due 3/27/2022. (Joseph, Jeffrey) |
| Filing 10 SUMMONS issued by Clerk. (Attachments: #1 Summons #2, #2 Summons #3) (sdunb, ) |
| Filing 9 SUMMONS REQUEST as to United States Attorney, Ur Jaddou, Alejandro Mayorkas re #1 Complaint,, by Plaintiff Wen Xing. (Attachments: #1 Summons, #2 Summons)(Joseph, Jeffrey) |
Filing 8
ORDER DIRECTING JOINT CASE MANAGEMENT PLAN. IT IS ORDERED that on or before the deadline for defendants' response to the complaint under Fed. R. Civ. P. 12(a)(2), the parties shall file (using the Notice event in CM/ECF) a proposed Joint Case Management Plan using the form referenced in D.C.COLO.LAPR 16.1(a), and shall submit a copy of the proposed Joint Case Management plan in an editable format (Microsoft Word or WordPerfect) to krieger_chambers@cod.uscourts.gov. By Judge Marcia S. Krieger on 12/23/2021. (sdunb, )
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Filing 7
ORDER denying #2 Motion for Order: The Plaintiff has filed a Complaint and, simultaneously, a document entitled "Proposed Temporary Restraining Order" #2 . Although the Complaint indicates Ms. Xing's intention to seek provisional interim relief, she has not filed a separate motion seeking a temporary restraining order or preliminary injunction. Simply requesting interim relief in a pleading is not sufficient to place the matter before the Court for resolution. See D.C. Colo. L. Civ. R. 65.1(a). Moreover, the allegations in the Complaint alone are insufficient to make the showing necessary for relief under Fed. R. Civ. P. 65(a) or (b) -- among other things, they fail to make the showing required by Rule 65(b)(1) and fail to adequately address issues such as the balance of equities and harm to the public interest. Accordingly, to the extent that the Plaintiff's filings can be understood to request a temporary restraining order, that request is denied without prejudice to the Plaintiff filing a properly-supported motion seeking such relief. By Judge Marcia S. Krieger on 12/23/21. Text Only Entry(msklc2, )
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| Filing 6 NOTICE re #1 Complaint,, Civil Cover Sheet by Plaintiff Wen Xing (Joseph, Jeffrey) |
| Filing 5 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No summons issued. (jtorr, ) |
| Filing 4 Case assigned to Judge Marcia S. Krieger. Text Only Entry. (jtorr, ) |
| Filing 3 Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (jtorr, ) |
| Filing 2 Proposed MOTION for Order to grant Temporary Restraining Order by Plaintiff Wen Xing. (Joseph, Jeffrey) |
| Filing 1 COMPLAINT against Alejandros mayorkas, M. Ur Jaddou (Filing fee $ 402,Receipt Number ACODC-8237315)Attorney Jeffrey Dean Joseph added to party Wen Xing(pty:pla), filed by Wen Xing. (Attachments: #1 Affidavit Affidavit and Verification of Complaint, #2 Exhibit Exhibit 2 797 Receipt Notice, #3 Exhibit Exhibit 3: Email from University of Minnesota, #4 Exhibit Exhibit 4: Ombudsman Request, #5 Exhibit Exhibit 5: Update with Ombudsman, #6 Exhibit Exhibit 6: Congressional Intervention)(Joseph, Jeffrey) |
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