Johnson v. ICE et al
| Vaughn Johnson |
| D O S, I C E and U S C I S |
| 1:2019cv00160 |
| February 7, 2019 |
| US District Court for the Western District of Louisiana |
| Dee D Drell |
| Joseph H L Perez-Montes |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on April 24, 2019. A more recent docket listing may be available from PACER.
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| Filing 49 OBJECTION to #48 Report and Recommendations by Vaughn Johnson. Response to Objection to R&R due by 4/15/2019 (Attachments: #1 Exhibit, #2 Cover sheet)(crt,Haik, K) |
Filing 48
REPORT AND RECOMMENDATIONS - Because this Court lacks jurisdiction to review Johnsons removal order or to enjoin ICE from removing him, IT IS RECOMMENDED that Johnsons Motion (Doc. 1) be DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. Objections to R&R due by 4/10/2019. Signed by Magistrate Judge Joseph H L Perez-Montes on 3/27/2019. (crt,Tice, Y)(a)
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Filing 47
ORDER granting #39 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Joseph H L Perez-Montes on 3/12/2019. (crt,Haik, K)
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Filing 46
ELECTRONIC ORDER denying #38 Motion to Take Judicial Notice. Signed by Magistrate Judge Joseph H L Perez-Montes on 3/12/2019. (jud,Perez-Montes, Joseph)
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Filing 45
ELECTRONIC ORDER denying #43 Motion to Take Judicial Notice. Signed by Magistrate Judge Joseph H L Perez-Montes on 3/12/2019. (jud,Perez-Montes, Joseph)
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| Filing 44 PROPOSED ORDER re #39 Motion for Leave to Proceed in forma pauperis referred to Magistrate Judge Joseph H L Perez-Montes. (Public entry, but no electronic notice). (crt,Haik, K) |
| Filing 43 MOTION for Leave to File Motion to Take Judicial Notice of Specific Regulation Policies and Procedures Violations Analysis Relief by Vaughn Johnson. Motions referred to Magistrate Judge Joseph H L Perez-Montes. (crt,Haik, K) |
| Filing 42 PETITION for Writ of Habeas Corpus filed by Vaughn Johnson.(crt,Haik, K) |
| Filing 41 NOTICE of Consent to Receive Notice and Service Electronically by Vaughn Johnson. (crt,Haik, K) |
| Filing 40 MAIL RETURNED as Undeliverable: Mail sent to Vaughn Johnson, 2011 Newtown Rd, Groveland FL 34736, re: #36 Sec P - Deficiency Order, returned marked: Return to Sender. (crt,Haik, K) |
| Filing 39 MOTION for Leave to Proceed in forma pauperis by Vaughn Johnson. Motions referred to Magistrate Judge Joseph H L Perez-Montes. (crt,Haik, K) |
| Filing 38 MOTION for Court to Take Judicial Notice Pursuant to Federal Rules of Evidence Rule 201, MOTION to Receive Email Notification by Vaughn Johnson. Motions referred to Magistrate Judge Joseph H L Perez-Montes. (Attachments: #1 Exhibits)(crt,Haik, K) |
| Filing 37 DEFICIENT MOTION for Leave to Proceed in forma pauperis by Vaughn Johnson. (Accounts Officer page not signed.) Motions referred to Magistrate Judge Joseph H L Perez-Montes. (crt,Haik, K) Modified to remove "?" on 2/28/2019. See doc. #39 for ifp on proper form (Haik, K). |
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Filing 36
MEMORANDUM ORDER: Plaintiff failed to submit documents on approved forms.Plaintiff failed to submit filing fee or a completed IFP application. Pro Se Deadline to comply with deficiency set for 3/15/2019. Signed by Magistrate Judge Joseph H L Perez-Montes on 2/13/2019. (Attachments: #1 2241 form, #2 Ifp form)(crt,Williams, L)
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| NOTICE of Change of Address by Vaughn Johnson. Clerk updated address to 2011 Newtown Road, Groveland, FL 34736 per doc. 4 in 19-cv-152. (crt,Haik, K) |
| Filing 35 PROPOSED MEMORANDUM ORDER referred to Magistrate Judge Joseph H L Perez-Montes. (Public entry, but no electronic notice). (crt,Thigpen, M) |
| Filing 34 DISTRICT CASE transferred in from District of Florida Southern; Case Number 1:18-cv-24355. Original file copy of transfer order and docket sheet received |
| CASE Assigned to Judge Dee D Drell and Magistrate Judge Joseph H L Perez-Montes. (crt,Thigpen, M) |
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Filing 33
ORDER; Adopting #14 Report and Recommendations on #13 Motion for Leave to File filed by Vaughn Johnson. Certificate of Appealability: No Ruling. DENYING #13 MOTION for Leave to File filed by Vaughn Johnson, #14 REPORT AND RECOMMENDATIONS on 28 USC 2241 case be transferred to the Western District of Louisiana re: #1 Complaint 42 USC 1983 or Bivens, filed by Vaughn Johnson, Closing Case. Signed by Senior Judge Donald L. Graham on 02/07/2019. See attached document for full details. (jao) [Transferred from Florida Southern on 2/8/2019.]
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| Filing 32 SECOND Clerk's Notice of Undeliverable Mail re 26 Clerk's Notice of Undeliverable Mail, 28 Order Striking, 25 Order on Motion for Leave to Proceed in forma pauperis, #27 Order on Motion for Leave to File,. US Mail returned for: Vaughn Johnson. Updated address found and document resent to new address.Vaughn Johnson 096335944 Etowah County Detention Center Inmate Mail/Parcels 827 Forrest Ave Gadsden, AL 35901V aughn Johnson-New address entered 12/14/18 Dkt#29. (pgz) [Transferred from Florida Southern on 2/8/2019.] |
| Filing 31 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) - 2019-2 to Magistrate Judge Lisette Marie Reid. Magistrate Judge Patrick A. White no longer assigned to case. (jmd) [Transferred from Florida Southern on 2/8/2019.] |
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Filing 30
PAPERLESS ORDER denying as moot #29 Motion for Leave to File. Petitioner's motion is duplicative and also restates the allegations of the complaint. For example see DE#s #13 , #24 . Petitioner raises matters which have been sufficiently addressed in this Court's orders (i.e. DE#s 15 , [21, 25 , #27 ) and in the Magistrate's Report DE#14 dated November 5, 2018, which is currently pending adoption by the district judge, for which the time for filing of objections has passed. Petitioner is not entitled to have multiple supplements restating arguments for relief. Accordingly, Petitioner's motion is DENIED as MOOT. Signed by Magistrate Judge Patrick A. White on 12/14/2018. (ltl) [Transferred from Florida Southern on 2/8/2019.]
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| Filing 29 MOTION for Leave to File Instant Addendum Memorandum order to Appraise the of New Address; To Retain Instant Subject Jurisdiction and to take Judicial Notice of Specifically to Construe Petitioner's Complaint as a Bivens Claim by Vaughn Johnson. (drz) (drz). [Transferred from Florida Southern on 2/8/2019.] |
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Filing 28
PAPERLESS ORDER STRIKING #23 Motion for Leave to File filed by Vaughn Johnson per DE#27 . Signed by Magistrate Judge Patrick A. White on 12/7/2018. (fbn) [Transferred from Florida Southern on 2/8/2019.]
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Filing 27
ORDER denying #23 Motion for Leave to File Supplement Emergency Complaint Show Cause for Injunctive Relief. Petitioner's filing DE#23 is hereby STRICKEN as an improper filing for the reasons stated herein. Signed by Magistrate Judge Patrick A. White on 12/7/2018. See attached document for full details. (fbn) [Transferred from Florida Southern on 2/8/2019.]
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| Filing 26 FIRST Clerk's Notice of Undeliverable Mail re #9 Order of Instructions to Pro Se Litigant. US Mail returned for: Vaughn Johnson. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (pgz) [Transferred from Florida Southern on 2/8/2019.] |
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Filing 25
PAPERLESS ORDER denying #24 Motion for Leave to Proceed in forma pauperis. Petitioner fails to provide the required inmate account statement for the previous six months to support his motion to proceed IFP as previously directed by this Court. Accordingly, Petitioner's motion to proceed IFP is DENIED without prejudice. Signed by Magistrate Judge Patrick A. White on 12/7/2018. (ltl) [Transferred from Florida Southern on 2/8/2019.]
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| Filing 24 MOTION for Leave to Proceed in forma pauperis by Vaughn Johnson. (pes) [Transferred from Florida Southern on 2/8/2019.] |
| Filing 23 STRICKEN PER DE#27 MOTION for Leave to File Supplement Emergency Complaint Show Cause for Injunctive Relief by Vaughn Johnson. (pes) (Additional attachment(s) added on 12/3/2018: #1 Exhibit) (pes). (Attachment 1 replaced on 12/3/2018) (pes). Modified on 12/7/2018 (fbn). [Transferred from Florida Southern on 2/8/2019.] |
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Filing 22
PAPERLESS ORDER STRIKING #20 Motion for Leave to Amend/ Correct Supplement filed by Vaughn Johnson (see image DE#21 ). Signed by Magistrate Judge Patrick A. White on 11/29/2018. (fbn) [Transferred from Florida Southern on 2/8/2019.]
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Filing 21
ORDER denying #20 Motion for Leave to Amend/ Correct Supplement. Petitioner's filing DE#20 is hereby STRICKEN as animproper filing for the reasons stated herein. Signed by Magistrate Judge Patrick A. White on 11/29/2018. See attached document for full details. (fbn) [Transferred from Florida Southern on 2/8/2019.]
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| Filing 20 STRICKEN PER DE#21 MOTION for Leave to File Amend/Correct Supplement #3 Emergency Complaint Show Cause for Injunctive Relief, Monetary Relief, NonDetention Act Relief; Relief to take Judicial of Notice ( Responses due by 12/12/2018) by Vaughn Johnson. (pes) Modified on 11/29/2018 (fbn). [Transferred from Florida Southern on 2/8/2019.] |
| Filing 19 Clerks Notice of Docket Correction. Document #18 Filed in Wrong Case; Document restricted and docket text modified. Document refiled in correct case # 16cv23544. (fbn) [Transferred from Florida Southern on 2/8/2019.] |
| Filing 18 REPORT AND RECOMMENDATIONS on 28 USC 2255 case re #1 Complaint 42 USC 1983 or Bivens, filed by Vaughn Johnson; Recommending that this motion to vacate be denied; that a certificate of appealability be denied; and, the case closed. Objections to R&R due by 11/19/2018. Signed by Magistrate Judge Patrick A. White on 11/5/2018. See attached document for full details. (fbn) [Transferred from Florida Southern on 2/8/2019.] |
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Filing 17
PAPERLESS ORDER addressing DE#13 Apprise the New Address. To the extent Plaintiff advises this Court that his current address is changed, the Court records now reflect Plaintiff's address as per his submission. To the extent that Plaintiff asks this Court to retain jurisdiction, the matter is specifically addressed by the Magistrate Judge in his Report and Recommendations (DE#14 ) pending adoption by the District Judge. Signed by Magistrate Judge Patrick A. White on 11/5/2018. (fbn) [Transferred from Florida Southern on 2/8/2019.]
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| Filing 16 Clerks Notice of Docket Correction. Document 15 Restricted Due to Error; The correct document noted in DE # 17 . (fbn) [Transferred from Florida Southern on 2/8/2019.] |
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Filing 15
PAPERLESS ORDER addressing DE#13 Apprise the New Address. To the extent that Plaintiff advises this Court that his current address is changed, the Court records now reflect Plaintiff's address as per his submission. To the extent that Plaintiff asks this Court to retain jurisdiction, the matter is specifically addressed by the Magistrate Judge in his Report and Recommendations to the District Judge. (DE#14). The decision to retain or transfer venue to the Western District of Louisiana remains pending before the district judge. Accordingly, Plaintiff's request for leave to file a motion to retain jurisdiction, is MOOT and denied without prejudice. Signed by Magistrate Judge Patrick A. White on 11/5/2018. (ltl) Modified on 11/5/2018 (fbn). [Transferred from Florida Southern on 2/8/2019.]
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| Filing 14 REPORT AND RECOMMENDATIONS on 28 USC 2241 case re #1 Complaint 42 USC 1983 or Bivens, #13 MOTION for Leave to File filed by Vaughn Johnson; Recommending that the petition for writ of habeas corpus be transferred to Western District of Louisiana and that Peittioner's motion #13 be DENIED. Objections to R&R due by 11/19/2018. Signed by Magistrate Judge Patrick A. White on 11/5/2018. See attached document for full details. (fbn) [Transferred from Florida Southern on 2/8/2019.] |
| Filing 13 MOTION for Leave to File Instant Order to Apprise the New Address and to Retain Instant Subject Jurisdiction by Vaughn Johnson. (drz) [Transferred from Florida Southern on 2/8/2019.] |
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Filing 12
ORDER DENYING PETITIONER'S MOTION TO AMEND COMPLAINT (DE#4 ) AND REQUIRING PETITIONER TO SUBMIT AN AMENDED 2241 PETITION ON THE REQUIRED FORM AND IN COMPLIANCE WITH THE RULES. On or before November 26, 2018, Petitioner shall file an amended petition, on the proper form, setting forth each ground for relief, with sufficient supporting facts. Amended Complaint due by 11/26/2018. Signed by Magistrate Judge Patrick A. White on 10/29/2018. See attached document for full details. (Attachments: #1 2241 Complaint Form) (fbn) [Transferred from Florida Southern on 2/8/2019.]
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Filing 11
ORDER STRIKING AMENDED/CORRECTED PETITION #3 filed by Vaughn Johnson. Signed by Magistrate Judge Patrick A. White on 10/29/2018. See attached document for full details. (fbn) [Transferred from Florida Southern on 2/8/2019.]
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Filing 10
ORDER REQUIRING PAYMENT OF FILING FEE OR FILING OF MOTION TO PROCEED IFP WITH DETAILED AFFIDAVIT. Filing Fee due by 11/26/2018. Motions due by 11/26/2018. Signed by Magistrate Judge Patrick A. White on 10/29/2018. See attached document for full details. (Attachments: #1 IFP Form) (fbn) [Transferred from Florida Southern on 2/8/2019.]
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Filing 9
INITIAL ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Magistrate Judge Patrick A. White on 10/29/2018. See attached document for full details. (fbn) [Transferred from Florida Southern on 2/8/2019.]
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Filing 8
PAPERLESS ORDER denying #5 Motion for Leave to File. Petitioner makes duplicative arguments of those made in his initial complaint and in his motion to amend. Plaintiff is not entitled to have multiple supplements restating arguments for relief. A subsequent order providing Petitioner with directions for amending his complaint, the rules and forms for proper filing, and the submission of supporting exhibits is forthcoming. Accordingly, Petitioner's motion is DENIED without prejudice. Signed by Magistrate Judge Patrick A. White (ltl) [Transferred from Florida Southern on 2/8/2019.]
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Filing 7
PAPERLESS ORDER denying #6 Motion to Expedite. Petition submits a restatement of his claims and is duplicative of the initial complaint and the subsequent motion to amend complaint. Petitioner has not shown good cause to expedite a ruling on his petition for habeas relief to the detriment of petitions filed prior to the filing of his petition. He has not shown that the factual context of his case indicates that his requested expedited consideration has merit. Such a request and attack differs little from the vast majority of habeas petitions filed with this Court. The Court will address petitioner's writ of habeas corpus in due course. Accordingly, Petitioner's Motion is DENIED without prejudice. Signed by Magistrate Judge Patrick A. White on 10/29/2018. (ltl) [Transferred from Florida Southern on 2/8/2019.]
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| Filing 6 MOTION for Expedited Review by Vaughn Johnson. (Attachments: #1 Exhibit)(jas) [Transferred from Florida Southern on 2/8/2019.] |
| Filing 5 MOTION for Leave to File an Instant Addendum order to request redaction specific revelant exhibits submitted by petititoner enter into petitioners's eveidence and to take judicial notice of petitioner's exhibits and these agencies contradictory and conflicting material evidence in the case by Vaughn Johnson. (drz) [Transferred from Florida Southern on 2/8/2019.] |
| Filing 4 MOTION FOR Leave to File Amend/Correct Emergency Complaint Show Cause for Injuctive Relief, Monetray Relief, Relief to take Judicial Notice of Pending Procedure and Inter-Agencies inaccurate Databases, Defects, Pending instant 2255 Action, NTA Procedure Defects, Violations of Rights Under the Privacy Act and to Strike Specific Interangency inaccurate Database Inherent Adverse Inference #1 Complaint 42 USC 1983 or Bivens, by Vaughn Johnson. Responses due by 11/9/2018 (drz) [Transferred from Florida Southern on 2/8/2019.] |
| Senior Judge Donald L. Graham added. Judge Beth Bloom no longer assigned to case. Incorrect Judge assigned by clerk at case opening. (drz) [Transferred from Florida Southern on 2/8/2019.] |
| Filing 3 STRICKEN PER DE#11 Amend/correct Emergency Stay of Removal Injunction and for Violations Privacy Act, filed by Vaughn Johnson.(pes) Modified on 10/29/2018 (fbn). [Transferred from Florida Southern on 2/8/2019.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom and Magistrate Judge Patrick A. White. Pursuant to Administrative Order 2003-19, this matter is referred to the Magistrate Judge for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (drz) [Transferred from Florida Southern on 2/8/2019.] |
| Filing 1 Motion for Leave to Proceed in Forma Paperis to File Emergency Injunctions Stay of Removal and for Verification of Fingerprint Alienage/Complaint pursuant to 42 USC 1983 against DOS, ICE, USCIS. Filing fee $ 350.00 Not Paid/No IFP, filed by Vaughn Johnson. (Attachments: #1 Exhibit)(drz) Modified on 10/22/2018 (drz). [Transferred from Florida Southern on 2/8/2019.] |
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