Hernandez Miranda v. Agudelo et al
| Juan Agudelo, Secretary Kirstjen M. Nielson, U.S. Attorney Gen JEFFERSON B SESSIONS, Field Office Dir. Jim Martin, Thomas Homan and Jefferson B. Sessions |
| Oscar R Hernandez Miranda |
| 0:2018cv62339 |
| October 2, 2018 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Lurana S Snow |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 7, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 13
PAPERLESS ORDER. THIS CAUSE came before the Court upon Petitioner's Notice of Voluntary Dismissal. #12 . Rule 41(a)(1) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim without prejudice prior to a defendant's filing of an answer or motion for summary judgment. In this case, neither an answer nor motion for summary judgment has been filed. Accordingly, UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED. The case remains CLOSED. All pending motions are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 11/7/2018. (osk)
|
| Filing 12 NOTICE of Voluntary Dismissal of Petition for Writ of Habeas Corpus by Oscar R Hernandez Miranda (Berlow-Lehner, Lisa) |
|
Filing 11
PAPERLESS ORDER. THIS CAUSE came before the Court upon Respondents' Unopposed Motion for Stay of Proceedings. #10 . On October 2, 2018, Petitioner filed a Petition for Writ of Habeas Corpus seeking an order from this Court to release Petitioner from the custody of the U.S. Immigration and Customs Enforcement ("ICE") and enjoin ICE from removing Petitioner from the United States. #1 . On October 17, 2018, the Court issued an Order directing a response to the Petition. 9 . In its Response, Respondents state that on October 22, 2018 Petitioner was released from custody. #10 . Respondents add that Petitioner recently moved to reopen Petitioner's immigration proceedings before the Immigration Court in San Antonio, Texas. Respondents argue that in light of Petitioner's release and the pending status of Petitioner's motion to reopen immigration proceedings, the Court should stay all proceedings in the above-styled cause pending the adjudication of Petitioner's motion before the Immigration Court. See 8 C.F.R. 1003.23(b)(4)(ii) ("The filing of a motion [to reopen] shall stay the removal of the alient pending disposition of the motion by the Immigration Judge."). UPON CONSIDERATION of the Unopposed Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondents' Unopposed Motion to Stay Proceedings #10 is GRANTED. The Clerk of Court is instructed to administratively CLOSE this case. Petitioner may move to re-open this matter following the Immigration Court's adjudication of Petitioner's motion to reopen immigration proceedings. Signed by Chief Judge K. Michael Moore on 10/25/2018. (osk)
|
| Filing 10 Unopposed MOTION to Stay re 9 Order on Motion for Order to Show Cause,,, and RESPONSE TO SHOW CAUSE ORDER by Juan Agudelo, Thomas Homan, Jim Martin, Kirstjen M. Nielson, Jefferson B. Sessions. Attorney David I. Mellinger added to party Juan Agudelo(pty:dft), Attorney David I. Mellinger added to party Thomas Homan(pty:dft), Attorney David I. Mellinger added to party Jim Martin(pty:dft), Attorney David I. Mellinger added to party Kirstjen M. Nielson (pty:dft), Attorney David I. Mellinger added to party Jefferson B. Sessions(pty:dft). Responses due by 11/7/2018 (Attachments: #1 Text of Proposed Order, #2 Exhibit 1)(Mellinger, David) |
| Set Deadlines Per DE#9. Show Cause Response due by 10/24/2018. (cqs) |
|
Filing 9
PAPERLESS ORDER. THIS CAUSE came upon Petitioner's Motion for Issuance of Order to Show Cause Pursuant to Title 28 U.S.C. 2243 #8 . Therein, Petitioner seeks an Order from the Court directing the U.S. Government to respond to Petitioner's Petition for the Writ of Habeas Corpus #1 , which seeks injunctive relief against Petitioner's detention and pending deportation. UPON CONSIDERATION of the Motion #8 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that on or before October, 24, 2018, the U.S. Government shall file a memorandum of fact and law to show cause as to why Petitioner's Motion should not be granted. The Government shall accompany its motion with all documents and transcripts necessary for the resolution of this Motion regardless of whether they are in the Court file. Signed by Chief Judge K. Michael Moore on 10/17/2018. (osk)
|
| Filing 8 MOTION for Order to Show Cause Pursuant to 28 USC 2243 by Oscar R Hernandez Miranda. (Berlow-Lehner, Lisa) |
| Filing 7 Notice of Supplemental Authority by Oscar R Hernandez Miranda (Berlow-Lehner, Lisa) |
|
Filing 6
GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES. Signed by Magistrate Judge Lurana S. Snow on 10/4/2018. See attached document for full details. (lbc)
|
|
Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LURANA S. SNOW. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lurana S. Snow to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lurana S. Snow's discovery procedures, which the parties shall be advised of by the entry of an Order. Signed by Chief Judge K. Michael Moore on 10/3/2018. (osk)
|
|
Filing 4
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 10/3/2018. (osk)
|
| Filing 3 Summons Issued as to Juan Agudelo, Thomas Homan, Jim Martin, Kirstjen M. Nielson, JEFFERSON B SESSIONS. (lbc) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. (lbc) |
| Filing 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number 113C-11041686, filed by Oscar R Hernandez Miranda. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) AGUDELO, #3 Summon(s) MARTIN, #4 Summon(s) HOMAN, #5 Summon(s) NIELSON, #6 Summon(s) SESSIONS, #7 Exhibit Declaration Hernandez Miranda, #8 Exhibit Declaration Calderon, #9 Exhibit Declaration de Leon, #10 Exhibit, #11 Exhibit)(Berlow-Lehner, Lisa) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
