Chavez Garcia v. Acuff
| Alfredo Chavez Garcia |
| Damon Acuff, Matthew T. Albience, Robert Guadian and Chad Wolf |
| 3:2020cv00357 |
| April 15, 2020 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Filing 24 CLERK'S JUDGMENT. Approved by Chief Judge Nancy J. Rosenstengel on 5/11/2020. (beb) |
Filing 23
ORDER DISMISSING CASE, Granting #21 Joint Motion to Amend Terms of Prior Court Order and Stipulation Of Dismissal. This case is dismissed without prejudice. In accordance with the Parties' agreement set forth in the Joint Motion and Stipulation, the Court's Order of April 27, 2020 is AMENDED insofar as the "conditions of bond" set forth in that Order (Doc. #20 , p. 5) are SUPERSEDED and REPLACED by the conditions of Petitioner Chavez Garcia's Order of Release on Recognizance established by the U.S. Immigration and Customs Enforcement (ICE), also dated April 27, 2020, and filed as Exhibit A to the Joint Motion. (Doc. 21-1). Signed by Chief Judge Nancy J. Rosenstengel on 5/11/2020. (beb)
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| Filing 22 NOTICE REGARDING FILING re #21 Motion to Amend/Correct filed by Alfredo Chavez Garcia. The document contains multiple /s/signatures without the statement that the non filing attorney consents to the pleading. NO FURTHER ACTION REQUIRED. This Notice is sent for informational purposes only. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 21 Joint MOTION to Amend/Correct #20 Order,,, Joint Motion to Amend Terms of Prior Court Order and Stipulation Of Dismissal by Alfredo Chavez Garcia. (Attachments: #1 Exhibit A, #2 Proposed Order)(Mattson, Eric) |
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Filing 20
ORDER GRANTING IMMEDIATE RELEASE. The Court exercises its inherent authority in habeas corpus and under Federal Rule of Civil Procedure 65(b) to grant Petitioner Alfredo Chavez Garcia bail pending the resolution of his Petition for Writ of Habeas Corpus. Respondents are ORDERED to IMMEDIATELY RELEASE Alfredo Chavez Garcia pending further order of the Court, pursuant to the conditions of bond listed in the Order. IT IS FURTHER ORDERED that this matter shall proceed for consideration of the merits of the remaining claims presented in the Petition. Accordingly, Respondents shall have 21 days from the date of this Order (up to and including May 18, 2020) to submit their formal response to the Petition. Thereafter, Chavez may file his reply within 14 days after the response is filed. Signed by Chief Judge Nancy J. Rosenstengel on 4/27/2020. (beb)
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Filing 19
ORDER granting #17 Motion for Leave to File Supplemental Declaration. Signed by Chief Judge Nancy J. Rosenstengel on 4/27/2020. (beb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 18 RESPONSE to Motion re #17 MOTION for Leave to File Supplemental Declaration (Unopposed) filed by Damon Acuff, Matthew T. Albience, Robert Guadian, Chad Wolf. (Biersbach, Nicholas) |
| Filing 17 MOTION for Leave to File Supplemental Declaration (Unopposed) by Alfredo Chavez Garcia. (Attachments: #1 Supplemental Declaration of Alfredo Chavez Garcia)(Mattson, Eric) |
| Filing 16 Sealed Document (Petitioner's Medical Records) by Damon Acuff, Matthew T. Albience, Robert Guadian, Chad Wolf. (Biersbach, Nicholas) |
| Filing 15 STATUS REPORT and Notice of Filing Medical Records Under Seal by Damon Acuff, Matthew T. Albience, Robert Guadian, Chad Wolf. (Attachments: #1 Exhibit)(Biersbach, Nicholas) |
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Filing 14
ORDER: As stated on the record in the hearing today in this matter, the Court has taken Petitioner's request for preliminary injunctive relief under advisement. Having considered the arguments of counsel and declarations of the parties, the Court concludes it is imperative to review the records of Petitioner's medical conditions and treatment. Therefore, Respondents are ORDERED to provide the Court with Petitioner's medical records covering at least the period of his detention at Pulaski County Detention Center, as soon as possible. If the records cannot be produced at or before noon on Friday, April 24, 2020, then Respondents shall file by that deadline a status report indicating when the medical records are expected to be provided. In addition, no later than noon on Friday, April 24, 2020, Respondents shall submit a status report listing the following: (1) the total number of detainees at Pulaski who have tested positive for the COVID-19 virus, (2) the number of detainees who have been tested but are awaiting results, (3) the number of detainees whose COVID-19 test has come back negative; and where the detainees in each group are being housed. The status report shall also state whether any detainees previously in isolation have been cleared to be returned to general population, and if so, how many. Signed by Chief Judge Nancy J. Rosenstengel on 4/21/2020. (beb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 Minute Entry for proceedings held before Chief Judge Nancy J. Rosenstengel: Telephonic Hearing as to #1 Emergency Complaint for Injunctive Relief. Appearing via telephone were plaintiff, Keren Hart Zwick, William Bruce, Eric Mattson, Guadalupe Perez, Kelly Huggins and Nicholas Biersbach. Argument heard. Motion taken under advisement. Order to issue. (Court Reporter Stephanie Rennegarbe.) (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 12 NOTICE by Alfredo Chavez Garcia re #1 Petition for Writ of Habeas Corpus, Reply in Support of Petition for Writ of Habeas Corpus (Attachments: #1 Exhibit A, #2 Exhibit B)(Mattson, Eric) |
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Filing 11
ORDER granting #9 Motion to Appear Pro Hac Vice. (ack)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 10 RESPONSE to Emergency Habeas Petition filed by Damon Acuff, Matthew T. Albience, Robert Guadian, Chad Wolf. (Attachments: #1 Exhibit A, #2 Att. 1, Ex. A, #3 Exhibit B, #4 Att. 1, Ex. B)(Biersbach, Nicholas) |
| Filing 9 MOTION to Appear Pro Hac Vice by Attorney Keren Hart Zwick $200 fee paid,receipt number 0754-4163559 by on behalf of All Plaintiffs. (Zwick, Keren) |
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Filing 8
ORDER granting #7 Motion to Appear Pro Hac Vice as to Attorney, William Billington Bruce on 4/17/2020. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 MOTION to Appear Pro Hac Vice by Attorney William Billington Bruce, Jr $200 fee paid,receipt number 0754-4162038 by on behalf of Alfredo Chavez Garcia. (Bruce, William) |
| Filing 6 Summons Issued as to Damon Acuff, Matthew T. Albience, Robert Guadian, Chad Wolf. (jsm2) |
| Filing 5 NOTICE of Appearance by Nicholas J. Biersbach on behalf of Damon Acuff, Matthew T. Albience, Robert Guadian, Chad Wolf (Biersbach, Nicholas) |
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Filing 4
ORDER Setting Hearing: Petitioner Alfredo Chavez Garcia is in civil immigration detention and has filed an Emergency Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. Sec. 2241 and Complaint for Injunctive Relief. Garcia claims to have serious chronic medical conditions making him highly susceptible to serious illness or death if he should contract the COVID-19 virus which has already infected other detainees and at least one staff member at his detention facility. The Court finds that the Petition survives preliminary review under Rules 1(b) and 4 of the Rules Governing Section 2254 Cases in the U.S. District Courts and shall proceed for further consideration. Damon Acuff, as warden of the Pulaski County Detention Center where Petitioner is being held, is the proper Respondent. See Kholyavskiy v. Achim, 443 F.3d 946, 950-53 (7th Cir. 2006). Given the relief sought in the Petition, the Court deems it appropriate to retain the additional U.S. Government Respondents as parties to the action, at least at this early stage. The U.S. Attorney's Office for the Southern District of Illinois is hereby designated to represent the U.S. Government Respondents in this case. The Clerk is DIRECTED to issue summons to all Respondents; Petitioner's attorney shall serve Respondents forthwith. Respondents Guadian, Albence, and Wolf are ORDERED to respond to the Emergency Petition on or before Monday, April 20, at 1:00 p.m. Respondent Acuff may file a response as well, but to the extent his position does not differ from that of the U.S. Government Respondents, it is not required. Petitioner may file a reply by 11:00 a.m. on Tuesday, April 21, 2020. A telephonic hearing is scheduled for Tuesday, April 21, 2020 at 3:00 p.m. before Judge Nancy J. Rosenstengel, with all parties appearing by telephone conference call. The instructions for joining the conference call are as follows: All parties should call toll free 877-336-1831 and when prompted, enter the seven-digit access code 9139610. Then when prompted, enter the four-digit security code 9342. (Hearing set for 4/21/2020 03:00 PM via Telephone Conference before Chief Judge Nancy J. Rosenstengel.), Attorney Steven D. Weinhoeft for Matthew T. Albience, Robert Guadian, and Chad Wolf added. Signed by Chief Judge Nancy J. Rosenstengel on 4/16/2020. (beb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 20-357-NJR. (jaj) |
| Filing 2 NOTICE of Appearance by Eric S. Mattson on behalf of Alfredo Chavez Garcia (Mattson, Eric) |
| Filing 1 Emergency PETITION for Writ of Habeas Corpus PURSUANT TO 28 U.S.C. 2241 AND COMPLAINT FOR INJUNCTIVE RELIEF ( Filing fee $ 5 receipt number 0754-4161270.), filed by Alfredo Chavez Garcia. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet, #7 Summons - Damon Acuff, #8 Summons - Matthew T. Albence, #9 Summons - Chad Wolf, #10 Summons - Robert Guadian)(Mattson, Eric) |
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