Davis v. United States Attorney General et al
| Freddie Davis |
| Assistant Field Office Director Krome SPC, U.S. ICE Field Officer Director fot the District of Miami, U.S. ICE Field Officer Director for the District of Miami, Secretary of the Department of Homeland Security and United States Attorney General |
| 1:2019cv20082 |
| January 7, 2019 |
| US District Court for the Southern District of Florida |
| Lisette Marie Reid |
| Lisette M Reid |
| Robert N Scola |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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Filing 10
REPORT AND RECOMMENDATIONS on 28 USC 2241 case re #1 Application/Petition (Complaint) for Writ of Habeas Corpus filed by Freddie Davis; Recommending claim one should be DISMISSED WITHOUT PREJUDICE due to Petitioner filing his Zadvydas claim prematurely. Claims two and three should be DENIED. Alternatively, if Petitioner is removed from the United States prior to this Court entering its order, this Court should DISMISS AS MOOT all claims raised in the petition. A certificate of appealability need not issue. See Sawyer v. Holder, 326 F.3d 1363, 1364 n.3 (11th Cir. 2003) (stating federal prisoners proceeding under 2241 do not need a COA to proceed). Finally, this case should be CLOSED. Objections to R&R due by 3/12/2019. Signed by Magistrate Judge Lisette M. Reid on 2/26/2019. See attached document for full details. (fbn)
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| Filing 9 RESPONSE TO ORDER TO SHOW CAUSE re #5 Order to Show Cause, by U.S. ICE Field Officer Director fot the District of Miami, U.S. ICE Field Officer Director for the District of Miami, Secretary of the Department of Homeland Security, Assistant Field Office Director Krome SPC(Juan Acosta), United States Attorney General, Assistant Field Office Director Krome SPC(Oreste Cruz). (Attachments: #1 Exhibit Exhibit A (Deportation Officer Declaration).pdf, #2 Exhibit Exhibit B (Jamaica Emergency Certificate).pdf, #3 Exhibit Exhibit C (INS Official Detail, Departure Verification, Form G 391).pdf, #4 Exhibit Exhibit D (Notice to Applicant for Admission Detained for Hearing Before Immigration Judge).pdf, #5 Exhibit Exhibit E (Record of Exclusion and Deportation).pdf, #6 Exhibit Exhibit F (Order to Show Cause).pdf, #7 Exhibit Exhibit G (Deportation Order).pdf, #8 Exhibit Exhibit H (Composite Conviction Records (US v Melburn, CR3 88 221 T (1) (ND Tex Mar 2, 1989))).pdf, #9 Exhibit Exhibit I (Detainer).pdf, #10 Exhibit Exhibit J (Notice to Alien of File Custody Review and Form I 1229(a)).pdf, #11 Exhibit Exhibit K (Decision to Continue Detention).pdf, #12 Exhibit Exhibit L (Notice of Failure to Comply (8 CFR 241 4(g)).pdf)(White, Charles) |
| Filing 8 NOTICE of Change of Address by Freddie Davis. Address updated. (kpe) |
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Filing 7
PAPERLESS ORDER denying without prejudice as moot and premature Petitioner's #6 Motion for Expedited Review; dismissing without prejudice Petitioner's #6 Motion for Judgment as premature. This Court conducted an initial review of the Petition and entered an order to show cause. The Government's Response is due on February 13, 2019. In addition, compared to other Section 2241 actions, Petitioner's claims are not novel. Upon receipt of the Government's Response, the Petition will be considered in due term. As such, because the Government's Response is imminent, the motion for expedited review is mostly moot. Further, without a Response before this Court, the motion for expedited review and for relief is premature. Signed by Magistrate Judge Lisette M. Reid (bca)
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| Filing 6 MOTION for Urgent Supplemental Information, MOTION for Judgment by Freddie Davis. (kpe) |
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Filing 5
ORDER TO SHOW CAUSE 28 U.S.C. 2241 on or before February 13, 2019, the respondent shall file a memorandum of fact and law to show cause why this petition should not be granted, accompanied by all supporting documentation. Show Cause Response due by 2/13/2019. Signed by Magistrate Judge Lisette M. Reid on 1/14/2019. See attached document for full details. (fbn)
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Filing 4
ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Lisette M. Reid on 1/14/2019. See attached document for full details. (fbn)
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Filing 3
PAPERLESS ORDER terminating certain Respondents listed on the docket. The Supreme Court has made clear that there is generally only one proper respondent to a given prisoner's habeas petition. Rumsfield v. Padilla, 542 U.S. 426, 435 (2004). This is the person with the ability to produce the prisoner's body before the habeas court. Id. at 435-436. In this case, the proper Respondent is Juan L. Acosta, because he is the Assistant Field Office Director for Krome Service Processing center, and is thus Petitioner's immediate custodian. Therefore, this petition will be construed as naming Mr. Acosta as the Respondent. Accordingly, the Clerk is instructed to terminate from the docket all other Respondents. Signed by Magistrate Judge Lisette M. Reid (bca) Modified on 1/14/2019 (fbn).
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| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr and Magistrate Judge Lisette Marie Reid. Pursuant to Administrative Order 2019-2, 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. (ebz) |
| Filing 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00 NOT PAID, filed by Freddie Davis.(ebz) |
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