ESTUDILLO v. BARR et al
| JOHN KELLY |
| MIGUEL MORALES ESTUDILLO |
| WILLIAM BARR and TONY H PHAM |
| 4:2020cv00546 |
| November 20, 2020 |
| US District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| T KENT WETHERELL |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Document Text |
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| Filing 12 CLERK'S JUDGMENT re #11 Order Adopting Report and Recommendation. (90 Day Deadline set for 4/5/2021 to dispose working file pursuant to retention policy). (mb) |
Filing 11
ORDER OF DISMISSAL. The Report and Recommendation, ECF No. #8 , is ADOPTED. Respondents' motion to dismiss, ECF No. #6 , as supported by the supplemental Exhibit, ECF No. #9 , is GRANTED. This case is DISMISSED as moot since Petitioner is no longer in custody. The Clerk of Court shall close the file. Signed by JUDGE T KENT WETHERELL II on 1/5/2021. (mb)
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| Filing 9 MOTION to Dismiss for Lack of Jurisdiction as Moot - Supporting Exhibit by WILLIAM BARR, TONY H PHAM. (Internal deadline for referral to judge if response not filed earlier: 1/19/2021). (Attachments: #1 Exhibit I-205 Form) (REGISTER, LENNARD) |
| Filing 10 Mail Returned as Return to Sender Refused No Longer At This Address Re: #8 REPORT AND RECOMMENDATION. (blb) |
| Filing 8 REPORT AND RECOMMENDATION. It is respectfully RECOMMENDED that the motion to dismiss, ECF No. #6 , be GRANTED, and the 2241 petition be DISMISSED as moot since Petitioner has been released from detention. R&R flag set. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 12/21/2020. Internal deadline for referral to district judge if objections are not filed earlier: 1/19/2021. (rcb) |
| Filing 7 Mail Returned as Undeliverable. Mail sent to MIGUEL MORALES ESTUDILLO Re: #4 (rcb)**Petitioner released-no longer detained at Wakulla County Jail*** |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #7 Mail Returned Re: 4 Referred to MARTIN A FITZPATRICK. (rcb)**Petitioner released-no longer detained at Wakulla County Jail** |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #6 MOTION to Dismiss for Lack of Jurisdiction as Moot in light of Removal. Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 6 RESPONDENTS' NOTICE OF REMOVAL AND MOTION TO DISMISS PETITION AS MOOT. (Internal deadline for referral to judge if response not filed earlier: 12/29/2020). (REGISTER, LENNARD) Modified to edit title on 12/16/2020 (rcb). |
| Filing 5 NOTICE of Appearance by LENNARD B REGISTER, III on behalf of WILLIAM BARR, TONY H PHAM (REGISTER, LENNARD) |
| Summons Issued as to US ATTORNEY GENERAL WILLIAM BARR, ICE ACTING DIRECTOR TONY H PHAM. (rcb) |
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Filing 4
ORDER. The Clerk of Court shall substitute Tony H. Pham, a Senior Official performing the Duties of ICE Acting Director, as Respondent in place of John Kelly, the former Secretary of the Department of Homeland Security. Petitioner's motion for in forma pauperis status, ECF No. #2 , is GRANTED and Petitioner is not required to pay the filing fee. The Clerk of Court shall prepare and send sufficient copies of this Order, the petition, ECF No. #1 , and summons to Attorney General of the United States William Barr and ICE Acting Director Tony J. Pham. The Clerk of Court shall prepare copies of this Order, the petition, ECF No. #4 , and summons, and send those documents to the United States Attorney for this District who shall have until February 5, 2021, in which to file an answer or similar response to the petition.Petitioner shall have until February 26, 2021, in which to file areply to the answer or response filed by the Respondents. The Clerk of Court shall return this file upon the filing of an answer or other response to the petition, or no later than February 5, 2021. Fee status updated to in forma pauperis Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 12/7/2020. (rcb)***Tony H. Pham (ICE Acting Director) substituted for John Kelly (former Secretary of Department of Homeland Security), summons, ECF #1 & #4 forwarded to AG William Barr, US Attorney Lawrence Keefe and ICE Acting Director Tony J Pham as directed. (Additional attachment(s) added on 12/8/2020: #1 Exhibit) (rcb).
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| Set Deadlines/Hearings Notify Chambers & US Attorney's Answer due by 2/5/2021. Petitioner's Reply due by 2/26/2021. (rcb) |
| Filing 3 Notice to Pro Se (rcb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #2 MOTION for Leave to Proceed in forma pauperis, #1 Petition for Writ of Habeas Corpus. Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 2 MOTION to Proceed In Forma Pauperis by MIGUEL MORALES ESTUDILLO. (rcb) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by MIGUEL MORALES ESTUDILLO. (rcb) **(1) Service Copy Provided** |
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