Abanukam v. Acuff et al
| Justin Abanukam |
| Robert Guadian, Alejandro Mayorkas, Damon Acuff, Merrick Garrand and Mattew Albence |
| 3:2021cv00545 |
| June 8, 2021 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on July 21, 2021. A more recent docket listing may be available from PACER.
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| Filing 15 RETURN OF SERVICE EXECUTED on 7/14/2021. (tjk) |
| Filing 14 CLERK'S JUDGMENT. Approved by Judge J. Phil Gilbert on 7/14/2021. (beb) |
Filing 13
ORDER DISMISSING CASE, Granting #8 MOTION to Dismiss Habeas Petition (Doc. 1) filed by Merrick Garrand, Alejandro Mayorkas, Robert Guadian, Mattew Albence, Damon Acuff. The Emergency Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. Sec. 2241 (Doc. #1 ) is DISMISSED. However, the dismissal is without prejudice to Abanukam pursuing his habeas corpus claims in his pending action in the Northern District of Texas, Abanukam v. Barr, et al., Case No. 20-cv-252-C, and without prejudice to any suit he may bring regarding his conditions of confinement. The Clerk is DIRECTED to transmit a copy of this Order to the Clerk of Court for the Northern District of Texas, Abilene Division, for filing or reference in Abanukam v. Barr, et al., Case No. 20-cv-252-C (N.D. Tex.). Signed by Judge J. Phil Gilbert on 7/14/2021. (beb)
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| Filing 12 RESPONSE to Motion re #8 MOTION to Dismiss Habeas Petition (Doc. 1) filed by Justin Abanukam. (kare) |
| Filing 11 RETURN OF SERVICE EXECUTED as to Attorney Genereal on 6/22/2021. (tjk) |
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Filing 10
ORDER: On June 23, 2021, Respondents filed a Motion to Dismiss (Doc. #8 ). Petitioner is granted time in which to file a response to any factual or legal matters raised by Respondents' motion. Petitioner is cautioned that failure to file a response may be deemed to be an admission of the merits of the motion, pursuant to SDIL-LR 7.1(c). This means that the motion to dismiss will most likely be granted and this case will be dismissed. Petitioner shall file his response on or before July 26, 2021. Signed by Judge J. Phil Gilbert on 6/24/2021. (beb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 RETURN OF SERVICE EXECUTED on 6/15/2021. (tjk) |
| Filing 8 MOTION to Dismiss Habeas Petition (Doc. 1) by Damon Acuff, Mattew Albence, Merrick Garrand, Robert Guadian, Alejandro Mayorkas. Responses due by 7/26/2021 (Attachments: #1 Exhibit A (N.D. Tex. Petition))(Biersbach, Nicholas) |
| Filing 7 RETURN OF SERVICE EXECUTED as to USAO on 6/14/2021. (tjk) |
| Filing 6 RETURN OF SERVICE Executed on Habeas Corpus Acknowledgement Letter by Robert Guadian, Alejandro Mayorkas, Merrick Garrand, Damon Acuff, Mattew Albence. (Biersbach, Nicholas) |
| Filing 5 NOTICE of Appearance by Nicholas J. Biersbach on behalf of Damon Acuff, Mattew Albence, Merrick Garrand, Robert Guadian, Alejandro Mayorkas (Biersbach, Nicholas) |
| Filing 4 Letter to Damon Acuff constituting service. (tjk) |
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Filing 3
Order for Service of Process upon all Respondents. Respondents are ORDERED to answer the Petition or otherwise plead within twenty (20) days of the date this order is entered (on or before June 30, 2021). Signed by Judge J. Phil Gilbert on 6/10/2021. (beb)
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Filing 2
NOTICE AND ORDER: The Court has received your Petition for Writ of Habeas Corpus and filing fee. Your case number is 21-545-JPG. The following is important information concerning the initial stages of your lawsuit. The Court will review your petition to determine whether it survives preliminary review under Rule 4 and Rule 1(b) of the Rules Governing Section 2254 Cases in United States District Courts. The Court will conduct this review within the next 60 days and inform you of the findings in an Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you do not receive a preliminary review Order within the next 60 days, you may file a motion requesting the status of your case. If you filed a motion for recruitment of counsel, it will not be considered until the Court has completed the preliminary review of your petition. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). In the event your petition survives the preliminary review, the Court will instruct the respondent to file a response to the petition and you will be notified of your deadline to file a reply. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case.. Signed by Judge J. Phil Gilbert on 6/8/2021. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Justin Abanukam. (Attachments: #1 Exhibit)(kare) (Main Document 1 replaced on 6/11/2021) (mar). |
| Filing fee: $ 5.00, receipt number 44625014041 (kare) |
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