Delva v. Garland
Petitioner: Dan Kenny Delva
Respondent: Hon. Merrick Garland and Warden - Folkston ICE Processing Center
Case Number: 5:2022cv00043
Filed: August 9, 2022
Court: US District Court for the Southern District of Georgia
Presiding Judge: Benjamin W Cheesbro
Referring Judge: Lisa G Wood
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (Federal)
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 30, 2022 Opinion or Order Filing 15 ORDER granting in part #13 Motion for Extension of Time to File Response/Reply to the #7 MOTION to Dismiss. Responses due by 10/12/2022. Signed by Magistrate Judge Benjamin W. Cheesbro on 9/30/22. (wwp)
September 30, 2022 Set/Reset Deadlines as to #7 MOTION to Dismiss . Responses due by 10/12/2022. (wwp)
September 28, 2022 Filing 14 RESPONSE to Motion re #13 MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss filed by Merrick Garland, Warden - Folkston ICE Processing Center. (Patrick, Bradford)
September 28, 2022 Filing 13 MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss by Dan Kenny Delva. Responses due by 10/12/2022. REFERRED to Judge Benjamin W. Cheesbro.(wwp)
September 26, 2022 Filing 12 U.S. Marshal Return Executed as to Warden - Folkston ICE Processing Center on 9/1/22. (wwp)
September 19, 2022 Filing 11 Mail Returned as Undeliverable re #9 Order. Unable to forward. Mail sent to Dan Kenny Delva. (loh)
September 16, 2022 Filing 10 U.S. Marshal Return Executed as to Attorney General of the U.S. on 9/6/22. USMS Service Remark - Certificate of Service was signed by Ely Sase on 9/6/22. (wwp)
September 14, 2022 Opinion or Order Filing 9 ORDER re #7 MOTION to Dismiss. The Court ORDERS Petitioner to file a response to Respondent's Motion to Dismiss within 14 days of the date of this Order. If Petitioner does not file a response within 14 days, the Court will assume Petitioner does not object to dismissal of this action and will grant Respondent's Motion to Dismiss as unopposed. Signed by Magistrate Judge Benjamin W. Cheesbro on 9/14/22. (loh)
September 14, 2022 Filing 8 CERTIFICATE OF SERVICE by Merrick Garland, Warden - Folkston ICE Processing Center re #7 MOTION to Dismiss (Patrick, Bradford)
September 14, 2022 Set/Reset Deadline as to #7 MOTION to Dismiss. Responses due by 9/28/2022. (loh)
September 13, 2022 MOTIONS REFERRED: #7 MOTION to Dismiss (slt)
September 9, 2022 Filing 7 MOTION to Dismiss by Merrick Garland, Warden - Folkston ICE Processing Center. Responses due by 9/23/2022. (Attachments: #1 Exhibit 1 - Declaration of Frank Scolnick_Redacted.pdf)(Patrick, Bradford)
September 7, 2022 Filing 6 U.S. Marshal Return Executed as to U.S. Attorney for the SDGA on 9/1/22. USMS Service Remark - Certificate of Service signed by Erica Grant on 9/1/22. (wwp)
September 7, 2022 Set/Reset Deadlines: Warden - Folkston ICE Processing Center answer due 9/22/2022. (wwp)
September 1, 2022 Filing 5 Mail Returned as Undeliverable - "Return to Sender - No Mail Receptacle - Unable to Forward". Mail sent to Dan Kenny Delva. (gmh)
August 26, 2022 Opinion or Order Filing 4 ORDER Directing USMS Service of Process. The Court directs the United States Marshal to serve a copy of the #1 Petition and a copy of this Order by registered or certified mail upon: (1) the Attorney General of the United States; (2) the named Respondent; and (3) the civil process clerk at the office of the United States Attorney for the Southern District of Georgia. Signed by Magistrate Judge Benjamin W. Cheesbro on 8/26/2022. (ca) (Additional attachment(s) added on 8/26/2022: #1 Prepared 285 forms) (ca).
August 26, 2022 Set Deadlines: Compliance re #4 Order due by 8/29/2022. (ca)
August 22, 2022 Filing 3 NOTICE of Filing Supplement to #1 Petition for Writ of Habeas Corpus, by Dan Kenny Delva. (gmh)
August 22, 2022 Filing fee received: $ 5.00, receipt number 200000006. (gmh)
August 9, 2022 Filing 2 NOTICE of Filing Deficiency re: #1 Petition for Writ of Habeas Corpus. Filing fee is not paid. Set/Reset Deadlines: Compliance due by 8/30/2022. (csr)
August 9, 2022 Filing 1 PETITION for Writ of Habeas Corpus, filed by Dan Kenny Delva. (csr)

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Petitioner: Dan Kenny Delva
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Respondent: Hon. Merrick Garland
Represented By: Bradford Collins Patrick
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Respondent: Warden - Folkston ICE Processing Center
Represented By: Bradford Collins Patrick
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