Russell v. Acuff et al
| William Russell |
| Damon Acuff, Alejandro Mayorkas, Tae D. Johnson and Henry Lucero |
| 3:2021cv00381 |
| April 13, 2021 |
| 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 15 CLERK'S JUDGMENT. Approved by Chief Judge Nancy J. Rosenstengel on 4/26/2021. (beb) |
Filing 14
ORDER DISMISSING CASE. The Emergency Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. Sec. 2241 (Doc. #1 ) is DENIED, and this entire action is DISMISSED. Dismissal is without prejudice to Russell renewing his request for habeas corpus relief if he is not removed to Jamaica by May 1, 2021, or if the circumstances of his detention substantially change. Signed by Chief Judge Nancy J. Rosenstengel on 4/26/2021. (beb)
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| Filing 13 REPLY to Response to Motion re #4 MOTION for Order to Show Cause in support of emergency petition for writ of habeas corpus filed by William Russell. (Attachments: #1 Exhibit)(Chun, Lisa) |
| Filing 12 Sealed Document Attachments to Response to Petition by Damon Acuff, Tae D. Johnson, Henry Lucero, Alejandro Mayorkas. (Attachments: #1 Att. 1 (Pulaski Records), #2 Att. 2 (Cardiology), #3 Att. 3 (Orthopedic), #4 Att. 4 (Podiatry))(Biersbach, Nicholas) |
| Filing 11 RESPONSE to #1 Petition for Writ of Habeas Corpus filed by Damon Acuff, Tae D. Johnson, Henry Lucero, Alejandro Mayorkas. (Attachments: #1 Exhibit A (DO Mercer), #2 Exhibit B (Warden Acuff))(Biersbach, Nicholas) |
| Filing 10 NOTICE of Appearance by Nicholas J. Biersbach on behalf of Damon Acuff, Tae D. Johnson, Henry Lucero, Alejandro Mayorkas (Biersbach, Nicholas) |
| Filing 9 SUMMONS Returned Executed by William Russell. Damon Acuff served on 4/15/2021; Tae D. Johnson served on 4/15/2021; Henry Lucero served on 4/15/2021; Alejandro Mayorkas served on 4/15/2021. (Chun, Lisa) |
| Filing 8 Summons Issued as to Damon Acuff, Tae D. Johnson, Henry Lucero, Alejandro Mayorkas. (tjk) |
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Filing 7
ORDER Granting in part #4 Motion for Order to Show Cause: Petitioner William Russell is in civil immigration detention and has filed an Emergency Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. Sec. 2241 seeking immediate release (Doc. #1 ). Russell claims to have serious medical conditions including complications that are likely to lead to an imminent amputation, and alleges his detention has become unconstitutional. 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 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 Lucero, Johnson, and Mayorkas are ORDERED to respond, to show cause why the Emergency Petition should not be granted, on or before Monday, April 19, 2021 at 5:00 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 noon on Wednesday, April 21, 2021. The Motion #4 is denied in part insofar as the Court's calendar will not allow for a hearing within the 5-day time frame requested. After the matter is fully briefed, the Court will set a hearing if one is deemed necessary. IT IS FURTHER ORDERED that the Motion for Leave to File Exhibits Under Seal #3 is GRANTED. The Clerk is DIRECTED to SEAL Exhibit A to the Petition (Doc. 1-1), which contains Petitioner's private medical records, which should not be accessible to the public. Signed by Chief Judge Nancy J. Rosenstengel on 4/14/2021. (beb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 21-381-NJR. (jaj) |
| Chief Judge Nancy J. Rosenstengel added. (jaj) |
| Filing 5 NOTICE of Appearance by Lisa Chun on behalf of William Russell (Chun, Lisa) |
| Filing 4 MOTION for Order to Show Cause in support of emergency petition for writ of habeas corpus by William Russell. (Chun, Lisa) |
| Filing 3 MOTION to Seal Document #1 Petition for Writ of Habeas Corpus Exhibit A by William Russell. (Chun, Lisa) |
| Filing 2 EXHIBIT by William Russell. Exhibit to #1 Petition for Writ of Habeas Corpus Civil Cover Sheet. (Chun, Lisa) |
| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 0754-4452884.), filed by William Russell. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Chun, Lisa) |
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