Nicks v. Pullen et al
| Sherita Nicks |
| Timethea Pullen, Patrick McFarland and Michael Carvajal |
| 3:2022cv00925 |
| July 22, 2022 |
| US District Court for the District of Connecticut |
| Robert N Chatigny |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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| Filing 10 Memorandum in Opposition re #9 MOTION to Dismiss filed by Sherita Nicks. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G, #6 Exhibit H, #7 Exhibit I, #8 Exhibit J, #9 Exhibit K, #10 Exhibit L, #11 Exhibit M, #12 Exhibit N, #13 Exhibit O)(Russell, Sarah) |
| Filing 9 MOTION to Dismiss by Michael Carvajal, Patrick McFarland, Timethea Pullen.Responses due by 9/7/2022 (Attachments: #1 Memorandum in Support)(Larson, John) |
| Filing 8 NOTICE of Appearance by John W. Larson on behalf of Michael Carvajal, Patrick McFarland, Timethea Pullen (Larson, John) |
Filing 7
ORDER TO SHOW CAUSE Show Cause Response due by 8/17/2022 Signed by Judge Robert N. Chatigny on 7/28/2022.(LaLone, L.)
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Filing 6
ORDER re #1 Complaint & Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 and Request for Order of Enlargement as Provisional Remedy; granting in part and denying in part #2 Motion for Order to Show Cause. In her habeas petition, Ms. Nicks requests an order of enlargement pending a decision on the merits. In order to be entitled to immediate enlargement, petitioner must show both that she has raised substantial claims and extraordinary circumstances make enlargement necessary to ensure that the habeas remedy is effective. Mapp v. Reno, 241 F.3d 221, 226 (2d Cir. 2001). Petitioner asserts that extraordinary and unusual circumstances exist because "Ms. Nicks's continued imprisonment will cause irreparable harm to her and her seven-year-old daughter," from whom she is now separated due to her re-incarceration. ECF No. 1 para. 66. The separation of a parent from her child is undoubtedly significant and should never be done lightly, and Ms. Nicks points to decisions of other courts recognizing that the harms resulting from family separation can constitute "extraordinary" or "unusual" circumstances justifying enlargement. However, Ms. Nicks's case does not implicate the same extraordinary circumstances as those cited in her brief, nor has she shown that enlargement is necessary to ensure the effectiveness of the habeas remedy in her case. Cf. Omnibus Order, Tompkins v. Pullen, No. 22-CV-339 (OAW), (D. Conn. March 23, 2022) (ECF No. 13). Therefore, petitioner's request for immediate order of enlargement is denied. Petitioner's Motion for Order to Show Cause is granted, but for the reasons stated in Tompkins, the court finds that the respondents need not respond within three days. Id. Respondents are ordered to show cause on or before August 17, 2022 why the relief prayed for in the petition for writ of habeas corpus should not be granted. So ordered. Signed by Judge Robert N. Chatigny on 7/27/2022. (Salah, M.)
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| Filing 5 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Michael Carvajal, Patrick McFarland, Timethea Pullen* with answer to complaint due within *60* days. Attorney *Sarah French Russell* *Legal Clinic, Quinnipiac University School of Law* *275 Mount Carmel Avenue* *Hamden, CT 06518*. (LaLone, L.) |
| Request for Clerk to issue summons as to Michael Carvajal, Patrick McFarland, Timethea Pullen. (Russell, Sarah) |
| Request for Clerk to issue summons as to Timethea Pullen. (Russell, Sarah) |
| Request for Clerk to issue summons as to Patrick McFarland. (Russell, Sarah) |
| Request for Clerk to issue summons as to Michael Carvajal. (Russell, Sarah) |
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Robert N. Chatigny on 7/22/2022.(LaLone, L.)
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Filing 3
STANDING PROTECTIVE ORDER Signed by Judge Robert N. Chatigny on 7/22/2022.(LaLone, L.)
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| Judge Robert N. Chatigny added. (Walker, J.) |
| Filing 2 MOTION for Order to Show Cause Pursuant to 28 U.S.C. 2243 by Sherita Nicks. (Russell, Sarah) |
| Filing 1 COMPLAINT & Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 and Request for Order of Enlargement as Provisional Remedy against Michael Carvajal, Patrick McFarland, Timethea Pullen ( Filing fee $402 receipt number ACTDC-7008916.), filed by Sherita Nicks. (Attachments: #1 Memorandum in Support of Request for Order of Enlargement as a Provisional Remedy, #2 Exhibit A -- Declaration of Sherita Nicks, #3 Exhibit B -- Declaration of Haniyah Patrick, #4 Exhibit C -- Declaration of Rita Patrick)(Russell, Sarah) |
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