DUNKLEY v. WARDEN et al
| OLWAYNE DUNKLEY |
| ATTORNEY GENERAL, SECRETARY, WARDEN and FIELD OFFICE DIRECTOR |
| UNITED STATES OF AMERICA (NOTICE) |
| 4:2020cv00222 |
| September 23, 2020 |
| US District Court for the Middle District of Georgia |
| STEPHEN HYLES |
| CLAY D LAND |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on November 12, 2020. A more recent docket listing may be available from PACER.
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| Filing 36 REPLY to Response filed by ATTORNEY GENERAL, FIELD OFFICE DIRECTOR, SECRETARY, WARDEN re #29 MOTION to Dismiss Petitioner's application for a writ of habeas corpus (Attachments: #1 Declaration of Deportation Officer Josued Valdes, #2 Exhibit A - Form I-213, #3 Exhibit B - Conviction Documents, #4 Exhibit C - Notice to Appear, #5 Exhibit D - IJ Bond Order dated 2-1-12, #6 Exhibit E - IJ Order dated 2-28-13, #7 Exhibit F - IJ Order dated 2-10-15, #8 Exhibit G - BIA Decision dated 10-28-16, #9 Exhibit H - IJ Order dated 1-29-19, #10 Exhibit I - IJ Order dated 3-12-19, #11 Exhibit J - BIA Decision dated 8-23-19, #12 Exhibit K - Ninth Circuit Docket Report, #13 Exhibit L - Ninth Circuit Order, #14 Exhibit M - IJ Bond Order dated 3-24-2020, #15 Exhibit N - Memorandum Decision of the IJ, #16 Exhibit O - IJ Bond Order dated 5-7-2020, #17 Exhibit P - BIA Decision dated 9-8-2020, #18 Exhibit Q - BIA Decision dated 9-14-2020, #19 Exhibit R - EOIR Automated Case Status, #20 Exhibit S - DHS Motion to Change Venue, #21 Exhibit T - BIA Filing Receipt, #22 Exhibit U - IJ Order dated 10-30-2020, #23 Exhibit V - IJ Decision dated 10-30-2020)(HELMICK, AMELIA) |
| Filing 35 This is a text only entry; no document issued. ORDER granting #34 Motion for Extension of Time. Respondents shall have through and including November 12, 2020, to file a consolidated response. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 10-27-20. (jdl) |
| Filing 34 MOTION for Extension of Time to File Reply to the Motion to Dismiss and request permission to file one consolidated supplemental brief. by ATTORNEY GENERAL, FIELD OFFICE DIRECTOR, SECRETARY, WARDEN filed by AMELIA G HELMICK.. Motion(s) referred to STEPHEN HYLES.(HELMICK, AMELIA) |
Filing 33
ORDER to supplement. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 10-22-20. (jdl)
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| Filing 32 AMENDED RESPONSE, amending #31 Response to Motion, (Attachments: #1 Amended Response, #2 Envelope)(tlp) |
| Filing 31 RESPONSE filed by OLWAYNE DUNKLEY as to #29 MOTION to Dismiss Petitioner's application for a writ of habeas corpus (Attachments: #1 Memorandum/Evidence in Support, #2 Exhibit A - NTA 1/4/12, #3 Exhibit B - IJ Order - 2/28/2013, #4 Exhibit C - BIA's Remand Order 10/28/2016, #5 Exhibit D - BIA's Reopening Order of 8/23/2019 and 3/12/2019, #6 Exhibit E - BIA's Order 9/14/2020, #7 Envelopes)(tlp) |
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Filing 30
ORDER for Response to #29 MOTION to Dismiss Petitioner's application for a writ of habeas corpus filed by FIELD OFFICE DIRECTOR, WARDEN, ATTORNEY GENERAL, SECRETARY. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 9-28-20. (jdl)
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| Filing 29 MOTION to Dismiss Petitioner's application for a writ of habeas corpus by ATTORNEY GENERAL, FIELD OFFICE DIRECTOR, SECRETARY, WARDEN filed by AMELIA G HELMICK.. Motion(s) referred to STEPHEN HYLES.(HELMICK, AMELIA) |
| Filing 28 RETURN RESPONSE re #1 Petition for Writ of Habeas Corpus, filed by ATTORNEY GENERAL, FIELD OFFICE DIRECTOR, SECRETARY, WARDEN (HELMICK, AMELIA) |
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Filing 27
ORDER for Respondent to File Responsive Pleading re: #1 Petition for Writ of Habeas Corpus, filed by OLWAYNE DUNKLEY, #18 Amended Complaint/Petition, filed by OLWAYNE DUNKLEY. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 9-23-20. (jdl)
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Filing 26
ORDER REFERRING CASE to Magistrate Judge issued at the direction of the Court. Ordered by US DISTRICT JUDGE CLAY D LAND on 9/23/2020. (esl)
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| Filing 25 Case transferred in District Transfer from District of Georgia Northern; Case Number 2:20-cv-00219. Original file certified copy of transfer order and docket sheet received. **The Notice of Electronic Filing serves as certification for these transferred documents.** |
| US DISTRICT JUDGE CLAY D LAND and US MAGISTRATE JUDGE STEPHEN HYLES added. (esl) |
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Filing 24
ORDER directing the Clerk to transfer this action to the United States District court for the Middle District of Georgia, Columbus Division and to close the pending case in this Court. Signed by Judge Richard W. Story on 9/22/2020. (ddm) [Transferred from gand on 9/23/2020.]
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| Clerk's Certificate of Mailing as to Olwayne Dunkley re #24 Order. (ddm) [Transferred from gand on 9/23/2020.] |
| Case electronically transferred to the USDC for the Middle District of Georgia. (ddm) [Transferred from gand on 9/23/2020.] |
| Civil Case Terminated. Magistrate Judge J. Clay Fuller terminated from case. (ddm) [Transferred from gand on 9/23/2020.] |
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Filing 23
SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/01/2020. (aar) [Transferred from gand on 9/23/2020.]
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| Filing 22 Case transferred in from District of California Southern; Case Number 3:19-cv-02498. Original file certified copy of transfer order and docket sheet received. [Transferred from gand on 9/23/2020.] |
| Submission of #7 , #14 , #1 Petition for Writ of Habeas Corpus, #20 , to Magistrate Judge J. Clay Fuller. (aar) [Transferred from gand on 9/23/2020.] |
| Clerk's Certificate of Mailing as to Olwayne Dunkley re #23 Order. (aar) [Transferred from gand on 9/23/2020.] |
| Filing 21 Case transferred to District of Northern District of Georgia. Files transferred electronically to: *District of Northern District of Georgia*.*75 Ted Turner Drive, Room 2211**Atlanta, GA 30303-3309*. Signed by Judge Anthony J. Battaglia on 9/16/2020. (Attachments: #1 Copy of Transfer Order) (All non-registered users served via U.S. Mail Service)(jrm) [Transferred from California Southern on 9/21/2020.] [Transferred from gand on 9/23/2020.] |
| Filing 20 MOTION to Expedite by Olwayne Dunkley. (jrm) [Transferred from California Southern on 9/21/2020.] [Transferred from gand on 9/23/2020.] |
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Filing 19
Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting Document: Motion to Expedite, from Petitioner Olwayne Dunkley. Non-compliance with local rule(s), OTHER: Civ.L. Rule 7.1 - Lacking memorandum of points and authorities in support; Civ.L. Rule 5.1 - Missing time and date on motion and/or supporting documentation. Nunc Pro Tunc 9/14/2020. Signed by the Chambers of Judge Anthony J. Battaglia on 9/14/2020.(jrm) [Transferred from California Southern on 9/21/2020.] [Transferred from gand on 9/23/2020.]
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| Filing 18 AMENDED COMPLAINT against Attorney General, Field Office Director, Secretary, Warden, filed by Olwayne Dunkley. Nunc Pro Tunc 02/10/2020. [Case in Screening] (mme) [Transferred from California Southern on 9/21/2020.] [Transferred from gand on 9/23/2020.] |
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Filing 17
Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting Document: Amended Complaint, from Petitioner Olwayne Dunkley. Non-compliance with local rule(s), Supplemental documents require court order. Nunc Pro Tunc 02/10/2020. Signed by Judge Anthony J. Battaglia on 2/20/2020.(All non-registered users served via U.S. Mail Service)(mme) [Transferred from California Southern on 9/21/2020.] [Transferred from gand on 9/23/2020.]
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| Filing 16 SUPPLEMENTAL DOCUMENT - Memorandum of Points and Authority in Support of Appointment of Counsel and Temporary Restraining Order by Olwayne Dunkley (All non-registered users served via U.S. Mail Service)(jrm) [Transferred from California Southern on 9/21/2020.] [Transferred from gand on 9/23/2020.] |
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Filing 15
Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting Document: Memorandum of Points and Authority in Support of Appointment of Counsel and Temporary Restraining Order, from Petitioner Olwayne Dunkley. Non-compliance with local rule(s), OTHER: Fed. R. Civ. P. l5(d) - Supplemental pleadings require court order. Nunc Pro Tunc 1/23/2020. Signed by the Chambers of Judge Anthony J. Battaglia on 1/31/2020.(All non-registered users served via U.S. Mail Service)(jrm) Modified docket text on 1/31/2020 (jrm). [Transferred from California Southern on 9/21/2020.] [Transferred from gand on 9/23/2020.]
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| Filing 14 MOTION for Order to Show Cause by Olwayne Dunkley. (jrm) [Transferred from California Southern on 9/21/2020.] [Transferred from gand on 9/23/2020.] |
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Filing 13
Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting Document: Motion for Order to Show Cause, from Petitioner Olwayne Dunkley. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 1/27/2020. Signed by the Chambers of Judge Anthony J. Battaglia on 1/30/2020.(All non-registered users served via U.S. Mail Service)(jrm) Modified docket text on 1/30/2020; NEF regenerated (jrm). [Transferred from California Southern on 9/21/2020.] [Transferred from gand on 9/23/2020.]
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| Filing 12 SUPPLEMENTAL DOCUMENT - Documents in Support of Petition by Olwayne Dunkley re #1 Petition for Writ of Habeas Corpus. (All non-registered users served via U.S. Mail Service)(jrm) [Transferred from California Southern on 9/21/2020.] [Transferred from gand on 9/23/2020.] |
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Filing 11
Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting Document: Documents in Support of Petition, from Petitioner Olwayne Dunkley. Non-compliance with local rule(s), Supplemental documents require court order. Nunc Pro Tunc 1/13/2020. Signed by Judge Anthony J. Battaglia on 1/15/2020.(All non-registered users served via U.S. Mail Service)(jrm) [Transferred from California Southern on 9/21/2020.] [Transferred from gand on 9/23/2020.]
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Filing 10
ORDER Denying Without Prejudice Petitioner's Motion for Temporary Restraining Order (Doc. No. #9 ). Signed by Judge Anthony J. Battaglia on 1/10/2020. (All non-registered users served via U.S. Mail Service)(jrm) [Transferred from California Southern on 9/21/2020.] [Transferred from gand on 9/23/2020.]
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| Filing 9 MOTION for Temporary Restraining Order by Olwayne Dunkley. (jrm) [Transferred from California Southern on 9/21/2020.] [Transferred from gand on 9/23/2020.] |
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Filing 8
Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting Document: Motion for TRO, from Petitioner Olwayne Dunkley. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 1/6/2020. Signed by the Chambers Judge Anthony J. Battaglia on 1/8/2020.(All non-registered users served via U.S. Mail Service)(jrm) [Transferred from California Southern on 9/21/2020.] [Transferred from gand on 9/23/2020.]
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| Filing 7 MOTION to Appoint Counsel by Olwayne Dunkley. (jrm) [Transferred from California Southern on 9/21/2020.] [Transferred from gand on 9/23/2020.] |
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Filing 6
Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting Document: Motion for Appointment of Counsel, from Petitioner Olwayne Dunkley. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 1/6/2020. Signed by the Chambers of Judge Anthony J. Battaglia on 1/8/2020.(All non-registered users served via U.S. Mail Service)(jrm) Modified docket text on 1/8/2020 (jrm). [Transferred from California Southern on 9/21/2020.] [Transferred from gand on 9/23/2020.]
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| Filing 5 MOTION for Leave to Proceed in forma pauperis by Olwayne Dunkley. (jms) [Transferred from California Southern on 9/21/2020.] [Transferred from gand on 9/23/2020.] |
| Filing 4 Fee for Habeas Petition: Paid on 1/6/2020. (jms) (jms). [Transferred from California Southern on 9/21/2020.] [Transferred from gand on 9/23/2020.] |
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Filing 3
ORDER Granting Application to Proceed In Forma Pauperis. Signed by Judge Anthony J. Battaglia on 1/2/2020. (All non-registered users served via U.S. Mail Service)(jrm) [Transferred from California Southern on 9/21/2020.] [Transferred from gand on 9/23/2020.]
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| Filing 2 NOTICE to the Court Regarding the Payment of the Filing Fees by Olwayne Dunkley (jms) [Transferred from California Southern on 9/21/2020.] [Transferred from gand on 9/23/2020.] |
| Filing 1 Petition for Writ of Habeas Corpus Against Attorney General United States Department of Justice, Field Office Director, Secretary, Warden, filed by Olwayne Dunkley.($5 Filing Fee, Fee Not Paid, IFP Not Filed) (Attachments: #1 Civil Cover Sheet)The new case number is 3:19-cv-2498-AJB-NLS. Judge Anthony J. Battaglia and Magistrate Judge Nita L. Stormes are assigned to the case.(jms)(jrd) [Transferred from California Southern on 9/21/2020.] [Transferred from gand on 9/23/2020.] |
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