Chavez Barrios v. Ripa et al
| Roberto Chavez Barrios |
| Garrett J Ripa, Tae D Johnson, Alejandro Mayorkas and Merrick B Garland |
| 1:2023cv20803 |
| March 1, 2023 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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Filing 18
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Notice of Voluntary Dismissal. #17 . Therein, Plaintiffs voluntarily dismiss all claims in this action without prejudice. Id. at 1. Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. Fed. R. Civ. P. 41(a)(1)(A)(i). Here, the Stipulation of Voluntary Dismissal was filed before the opposing party served either an answer or a motion for summary judgment. #9 at 1. Accordingly, UPON CONSIDERATION of the Voluntary Dismissal, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the above-styled cause is DISMISSED WITHOUT PREJUDICE. Signed by Judge K. Michael Moore on 4/25/2023. (rfr)
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| Filing 17 NOTICE of Voluntary Dismissal without prejudice by Roberto Chavez Barrios (Prada, Mark) |
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Filing 16
PAPERLESS ORDER Regarding Briefing on Petitioner's #1 Verified Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241. THIS CAUSE is before the Court upon a sua sponte review of the record. On April 21, 2023, Respondents filed an #14 Opposition to Petition for Writ of Habeas Corpus Under 28 U.S.C. 2241, representing that Petitioner has been released from U.S. Immigration and Customs Enforcement custody and therefore the #1 Petition is moot. Accordingly, Petitioner is hereby ORDERED to file a reply by no later than May 6, 2023, confirming or denying whether the #1 Petition is moot. Absent reply by that date, the Court will assume the accuracy of the government's representation that Petitioner has been released and the petition is moot. Signed by Magistrate Judge Lauren Fleischer Louis on 4/25/2023. (elm)
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Filing 15
PAPERLESS ORDER REQUIRING RESPONSE. Pursuant to 28 U.S.C. 636(c) and Magistrate Judge Rule 1(h) of the Local Rules of the Southern District of Florida, the Parties are hereby ORDERED to inform the Court whether they consent to jurisdiction by Magistrate Judge Louis to take all necessary and proper action as required by law, including, if necessary, a jury or non-jury trial and entry of final judgment. The Parties shall respond to this Order on or before April 28, 2023. Signed by Judge K. Michael Moore on 4/25/2023. (rfr)
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| Filing 14 RESPONSE to Petition for Writ of Habeas Corpus by Merrick B Garland, Tae D Johnson, Alejandro Mayorkas, Garrett J Ripa. Attorney Natalie Diaz added to party Merrick B Garland(pty:dft), Attorney Natalie Diaz added to party Tae D Johnson(pty:dft), Attorney Natalie Diaz added to party Alejandro Mayorkas(pty:dft), Attorney Natalie Diaz added to party Garrett J Ripa(pty:dft). (Attachments: #1 Exhibit A- Release Notification)(Diaz, Natalie) |
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Filing 13
ORDER TO SHOW CAUSE granting Petitioner's #12 Motion for Expedited Consideration, for Order to Show Cause, and for Production of Evidence. Respondents' memorandum of fact and law is due on or before April 21, 2023. Petitioner may file a Reply within seven (7) days of Respondents' memorandum of fact and law. Signed by Magistrate Judge Lauren Fleischer Louis on 4/11/2023. See attached document for full details. (elm)
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| Filing 12 MOTION to Expedite , MOTION for Order to Show Cause , MOTION to Produce by Roberto Chavez Barrios. (Attachments: #1 Text of Proposed Order)(Prada, Mark) |
| Filing 11 Clerk's Notice to Filer re #9 Summons Returned Executed as to USA,. Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see [de#10]. It is not necessary to refile this document. (ls) |
| Filing 10 SUMMONS (Affidavit) Returned Executed by Roberto Chavez Barrios. Merrick B Garland served on 3/10/2023, response/answer due 5/9/2023; Tae D Johnson served on 3/9/2023, response/answer due 5/8/2023; Alejandro Mayorkas served on 3/9/2023, response/answer due 5/8/2023; Garrett J Ripa served on 3/9/2023, response/answer due 5/8/2023. (ls)(See Image at DE #9 ) |
| Filing 9 SUMMONS (Affidavit) Returned Executed by Roberto Chavez Barrios. Merrick B Garland served on 3/23/2023, response/answer due 5/22/2023; Tae D Johnson served on 3/23/2023, response/answer due 5/22/2023; Alejandro Mayorkas served on 3/23/2023, response/answer due 5/22/2023; Garrett J Ripa served on 3/23/2023, response/answer due 5/22/2023. (Attachments: #1 Exhibit A - Proof of Delivery)(Prada, Mark) |
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Filing 8
PAPERLESS ORDER denying, without prejudice, #4 Motion for Expedited Consideration, for Order to Show Cause, and for Production of Evidence. THIS CAUSE is before the Court upon Petitioner Roberto Chavez Barrios's #4 Motion for Expedited Consideration, for Order to Show Cause, and for Production of Evidence. The #4 Motion requests that the Court direct the Clerk to serve Petitioner's #1 Verified Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241, attachments thereto, and a copy of the Order on the #4 Motion, on the Civil Division of the United States Attorney's Office for the Southern District of Florida. (ECF No. #4 at 6). The Clerk has issued summonses, see (ECF No. #3 ), and the record reflects that these summonses have not yet been served on Respondents; the Certificate of Good Faith Conference in Petitioner's #4 Motion recognizes as such. (ECF No. #4 at 7). Notwithstanding, the #4 Motion does not point the Court to authority pursuant to which the Court may direct the Clerk to perfect service on Petitioner's behalf, and Petitioner's request is not otherwise filed as a separate motion on the docket. Moreover, because Respondents have not been served and therefore have not appeared, the Court is unable to ascertain Respondents' position with respect to the #4 Motion. Accordingly, the #4 Motion is DENIED, without prejudice to Petitioner renewing the Motion upon certification of service of the #3 Summonses and #1 Petition consistent with Federal Rule of Civil Procedure 4(i). Signed by Magistrate Judge Lauren Fleischer Louis on 3/6/2023. (elm)
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Filing 7
PAPERLESS ORDER granting #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Stephanie E. Norton, of the Center for Social Justice at Seton Hall University School of Law. Stephanie E. Norton, Esq. may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to: stephanie.norton@shu.edu. Signed by Magistrate Judge Lauren Fleischer Louis on 3/4/2023. (elm)
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Filing 6
PAPERLESS ORDER REFERRING CASE. 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 hereby referred to Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law regarding all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Judge K. Michael Moore on 3/4/2023. (rfr)
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| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stephanie E. Norton. Filing Fee $ 200.00 Receipt # AFLSDC-16393644 by Roberto Chavez Barrios. Responses due by 3/17/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Prada, Mark) |
| Filing 4 MOTION to Expedite , MOTION for Order to Show Cause , MOTION to Produce Administrative Record by Roberto Chavez Barrios. (Attachments: #1 Text of Proposed Order)(Prada, Mark) |
| Filing 3 Summons Issued as to Merrick B Garland, Tae D Johnson, Alejandro Mayorkas, Garrett J Ripa, U.S. Attorney and U.S. Attorney General (aao) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. (aao) |
| Filing 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-16382967, filed by Roberto Chavez Barrios. (Attachments: #1 Memorandum, #2 Appendix, #3 Civil Cover Sheet, #4 Summon(s))Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Prada, Mark) |
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