Bentmim v. Fredric
| Mohammad Amin Bentmim |
| U S Attorney General and C A Fredric |
| 1:2020cv00708 |
| June 4, 2020 |
| US District Court for the Western District of Louisiana |
| Dee D Drell |
| Joseph H L Perez-Montes |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on March 12, 2021. A more recent docket listing may be available from PACER.
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| Filing 15 RESPONSE to #1 Petition for Writ of Habeas Corpus by U S Attorney General, C A Fredric. (Attachments: #1 Exhibit Gvmt. Ex. A.)(aty,Byrd, Edwin) |
Filing 14
ORDER: IT IS ORDERED that within 30 days of the date of this Order, Respondents shall file a complete answer to #1 Petition for Habeas Corpus. IT IS FURTHER ORDERED that Petitioner shall have 30 days following the filing of the Respondents' answer to produce contradictory summery judgment evidence on the issue of the lawfulness of his detention. After the record is complete and all delays have run, the Court will determine if genuine issues of material fact exist, which preclude summary judgment and necessitate an evidentiary hearing. If no hearing is necessary, a Report and Recommendation will be issued without further notice. Signed by Magistrate Judge Joseph H L Perez-Montes on 6/26/2020. (crt,Williams, L)
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Filing 13
ORDER granting #11 Motion to Substitute Attorney. Edwin Henry Byrd, IV added as attorney for U S Attorney General, C A Fredric. Attorney Kevin G Boitmann terminated. Signed by Magistrate Judge Joseph H L Perez-Montes on 6/10/2020. (crt,Miletello, A)
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| Filing 12 ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1331. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Joseph H L Perez-Montes on 6/9/2020. (jud,Perez-Montes, Joseph) |
| Filing 11 MOTION to Substitute Attorney E. Henry Byrd, IV in place of Kevin G. Boitmann by U S Attorney General, C A Fredric. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 6/9/2020. (Attachments: #1 Proposed order)(Attorney Edwin Henry Byrd, IV added to party U S Attorney General(pty:dft), Attorney Edwin Henry Byrd, IV added to party C A Fredric(pty:dft))(aty,Byrd, Edwin) |
| Filing 10 LETTER from ED/LA to WD/LA advising of case transfer to our court and transmitting copy of #8 Order (Attachments: #1 Envelope) (crt,Reeves, T) |
| CASE Assigned to Judge Dee D Drell and Magistrate Judge Joseph H L Perez-Montes. (crt,Thigpen, M) |
| Filing 9 DISTRICT CASE transferred in from District of Louisiana Eastern; Case Number 2:20-cv-01239. Original file copy of transfer order and docket sheet received |
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Filing 8
ORDER - Case transferred to District of Louisiana Western. Petitioner is currently incarcerated in immigration detention at the LaSalle Correctional Center in Olla, Louisiana, within the Western District of Louisiana. The Fifth Circuit has clearly established that a section 2241 petition "must be filed in the same district where the prisoner is incarcerated." Therefore, the Court is without jurisdiction to hear this matter. Accordingly, IT IS HEREBY ORDERED that the above captioned matter is TRANSFERRED to the Western District of Louisiana. Signed by Judge Carl Barbier on 6/3/20.(cg) [Transferred from Louisiana Eastern on 6/4/2020.]
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| Filing 7 Response/Reply by Attorney General of the United States, C. A. Fredric to #1 Petition Pursuant to 28:2241 (Boitmann, Kevin) [Transferred from Louisiana Eastern on 6/4/2020.] |
| Filing 6 Return of Service of Habeas Corpus served on Warden, LaSalle Correctional Center on 5-3-20(cg) [Transferred from Louisiana Eastern on 6/4/2020.] |
| Filing 5 Return of Service of Habeas Corpus served on U.S. Attorney General on 5/4/20(cg) [Transferred from Louisiana Eastern on 6/4/2020.] |
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Filing 4
ORDER granting #3 Motion to Enroll as Counsel of Record for Attorney Kevin G. Boitmann for Attorney General of the United States and for C. A. Fredric. Signed by Judge Carl Barbier on 5/6/20. (cg) [Transferred from Louisiana Eastern on 6/4/2020.]
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| Filing 3 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Attorney General of the United States, C. A. Fredric. (Attachments: #1 Proposed Order)Attorney Kevin G. Boitmann added to party Attorney General State of Louisiana(pty:res), Attorney Kevin G. Boitmann added to party C. A. Fredric(pty:dft).(Boitmann, Kevin) Modified party on 5/6/2020 (gec). [Transferred from Louisiana Eastern on 6/4/2020.] |
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Filing 2
Habeas Corpus Response Order that Attorney General for the State of Louisiana and the District Attorney for LaSalle Parish respond to the petition of Habeas Corpus within 30 days. Signed by Judge Carl Barbier on 4/24/20.(cg)(cc: AUSA and all others via Certified Mail) (Additional attachment(s) added on 4/27/2020: #1 Certified Mail Receipt Numbers) (cg). [Transferred from Louisiana Eastern on 6/4/2020.]
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| Filing 1 PETITION Pursuant to 28:2241 (Filing fee $ 5) filed by Mohammad Amin Bentmim. (Attachments: #1 Civil Cover Sheet)(cg) [Transferred from Louisiana Eastern on 6/4/2020.] |
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