Fernandez v. Attorney General of the United States et al
Plaintiff: Diviel Poma Fernandez
Defendant: Secretary, Department of Homeland Security, Assistant Field Office Director, ICE DRO, Attorney General of the United States and United States ICE Field Office Director
Case Number: 1:2018cv24242
Filed: October 16, 2018
Court: US District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
Referring Judge: Patrick A White
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 November 26, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 26, 2018 Filing 10 SECOND Clerk's Notice of Undeliverable Mail re #5 REPORT AND RECOMMENDATIONS on 28 USC 2241 case re #1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Diviel Poma Fernandez. US Mail returned for: Diviel Poma Fernandez. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (pgz)
November 15, 2018 Filing 9 REPORT AND RECOMMENDATIONS on 28 USC 2241 case re #1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Diviel Poma Fernandez; Recommending that the petition for writ of habeas corpus filed pursuant to 28 U.S.C. 2241 be DISMISSED AS MOOT without prejudice to Petitioners right to file a future petition if circumstances change. Objections to R&R due by 11/29/2018. Signed by Magistrate Judge Patrick A. White on 11/15/2018. See attached document for full details. (fbn)
November 15, 2018 Opinion or Order Filing 8 Order to Vacate re #5 REPORT AND RECOMMENDATIONS on 28 USC 2241 case re #1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Diviel Poma Fernandez. Signed by Magistrate Judge Patrick A. White. on 11/15/2018. See attached document for full details. (fbn)
November 13, 2018 Filing 7 OBJECTIONS to #5 Report and Recommendations by Assistant Field Office Director, ICE DRO(Juan Acosta), Assistant Field Office Director, ICE DRO(Conrad Agagar), Attorney General of the United States, Secretary, Department of Homeland Security, United States ICE Field Office Director. (Attachments: #1 Exhibit A)(Welch, Alicia)
November 13, 2018 Filing 6 FIRST Clerk's Notice of Undeliverable Mail re 3 Notice of Court Practice,,. US Mail returned for: Diviel Poma Fernandez. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. NOT IN CUSTODY (pgz)
November 1, 2018 Filing 5 REPORT AND RECOMMENDATIONS on 28 USC 2241 case re #1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Diviel Poma Fernandez, recommending that the petition for writ of habeas corpus be transferred to the Middle District of Florida. Objections to R&R due by 11/15/2018 Signed by Magistrate Judge Patrick A. White on 11/1/2018. See attached document for full details. (lr)
November 1, 2018 Filing 4 NOTICE of Attorney Appearance by Alicia Hayley Welch on behalf of Assistant Field Office Director, ICE DRO(Juan Acosta), Assistant Field Office Director, ICE DRO(Conrad Agagar), Attorney General of the United States, Secretary, Department of Homeland Security, United States ICE Field Office Director. Attorney Alicia Hayley Welch added to party Assistant Field Office Director, ICE DRO(pty:dft), Attorney Alicia Hayley Welch added to party Assistant Field Office Director, ICE DRO(pty:dft), Attorney Alicia Hayley Welch added to party Attorney General of the United States(pty:dft), Attorney Alicia Hayley Welch added to party Secretary, Department of Homeland Security(pty:dft), Attorney Alicia Hayley Welch added to party United States ICE Field Office Director(pty:dft). (Welch, Alicia)
October 25, 2018 Filing 3 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (lfn)
October 16, 2018 Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles and Magistrate Judge Patrick A. White. Pursuant to Administrative Order 2003-19, this matter is referred to the Magistrate Judge for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (jas)
October 16, 2018 Filing 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00, Not Paid/No IFP, filed by Diviel Poma Fernandez. (jas)

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Defendant: Secretary, Department of Homeland Security
Represented By: Noticing 2241/Bivens US Attorney
Represented By: Alicia Hayley Welch
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Defendant: Assistant Field Office Director, ICE DRO
Represented By: Noticing 2241/Bivens US Attorney
Represented By: Alicia Hayley Welch
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Defendant: Attorney General of the United States
Represented By: Noticing 2241/Bivens US Attorney
Represented By: Alicia Hayley Welch
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Defendant: United States ICE Field Office Director
Represented By: Noticing 2241/Bivens US Attorney
Represented By: Alicia Hayley Welch
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Plaintiff: Diviel Poma Fernandez
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