Cabax v. Barr et al
Plaintiff: Delfino Garcia Cabax
Defendant: John Kelly, William Barr, Bureau of Immigration & Customs Enforcement and U S Dept of Homeland Security
Case Number: 1:2020cv01426
Filed: November 4, 2020
Court: US District Court for the Western District of Louisiana
Office: Alexandria Office
Presiding Judge: David C Joseph
Referring Judge: Joseph H L Perez-Montes
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28 U.S.C. § 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 29, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 29, 2020 Filing 21 MAIL RETURNED as Undeliverable: Mail sent to Delfino Garcia Cabax, Winn Correctional Center, re: #20 Order Dismissing Case/Party (LR41.3) returned marked: Return to Sender; Released. (crt,Thomas, T)
December 15, 2020 Opinion or Order Filing 20 ORDER OF DISMISSAL as to Delfino Garcia Cabax by Clerk under LR41.3. Case may be reinstated within 30 days for good cause shown.(crt,Reeves, T)
December 10, 2020 Filing 18 MAIL RETURNED as Undeliverable: Mail sent to Delfino Garcia Cabax, Winn Correctional Center, re: #3 Notice (Other) returned marked: Return to Sender; Released. (crt,Thomas, T)
December 7, 2020 Filing 19 MAIL RETURNED as Undeliverable: Mail sent to Delfino Garcia Cabax, Winn Corr Center, 560 Gum Springs Rd, Winnfield, LA 71483 re: #17 Notice of Intent to Dismiss returned marked: RTS. Released. (crt,Dunford, T)
November 24, 2020 Filing 17 NOTICE of Intent to dismiss CASE for Failure to apprise court of change of address. (crt,Roaix, G)
November 20, 2020 Filing 16 MAIL RETURNED as Undeliverable: Mail sent to Delfino Garcia Cabax, Winn Correctional Center, re: #12 Sec P - Deficiency Order returned marked: return to sender, released. (crt,Haik, K)
November 20, 2020 Filing 15 MAIL RETURNED as Undeliverable: Mail sent to Delfino Garcia Cabax, Winn Correctional Center, re: #7 Judgment re Report and Recommendations,, Order on Report and Recommendations, returned marked: return to sender, released. (crt,Haik, K)
November 19, 2020 Filing 13 MAIL RETURNED as Undeliverable: Mail sent to Delfino Garcia Cabax, Winn Correctional Center, re: 11 Jurisdictional Review Finding, returned marked: RTS, released. (crt,Haik, K)
November 17, 2020 Filing 14 MAIL RETURNED as Undeliverable: Mail sent to Delfino Garcia Cabax, Winn Correctional Center, re: #10 Sec P - Deficiency Order, returned marked: RTS, released. (crt,Haik, K)
November 9, 2020 Opinion or Order Filing 12 MEMORANDUM ORDER: Plaintiff failed to submit documents on approved forms. Pro Se Deadline to comply with deficiency set for 12/9/2020. Signed by Magistrate Judge Joseph H L Perez-Montes on 11/7/2020. (Attachments: #1 2241 form)(crt,Haik, K)
November 7, 2020 Filing 11 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 11/7/2020. (jud,Perez-Montes, Joseph)
November 6, 2020 Opinion or Order Filing 10 MEMORANDUM ORDER: Plaintiff failed to submit documents on approved forms. ( Pro Se Deadline to comply with deficiency set for 12/7/2020). Signed by Magistrate Judge Joseph H L Perez-Montes on 11/5/2020. (Attachments: #1 2241 Habeas Petition)(crt,Thomas, T)
November 5, 2020 Filing 9 PROPOSED MEMORANDUM ORDER Referred to Magistrate Judge Joseph H L Perez-Montes. Motion Ripe Deadline set for 11/5/2020. (crt,Devillier, W)
November 4, 2020 CASE Assigned to Judge David C Joseph and Magistrate Judge Joseph H L Perez-Montes. Motions referred to Magistrate Judge Joseph H L Perez-Montes. (crt,Devillier, W)
November 4, 2020 Filing 8 DISTRICT CASE transferred in from District of Florida Northern; Case Number 4:20-cv-00478. Original file copy of transfer order and docket sheet received
November 4, 2020 Opinion or Order Filing 7 ORDER ACCEPTING #5 REPORT AND RECOMMENDATION. The #5 report and recommendation is accepted and adopted, as this Court's opinion. This case is transferred to the United States District Court for the Western District of Louisiana, Alexandria division. The Clerk shall take all necessary steps to effect the transfer and close the file. Signed by CHIEF JUDGE MARK E WALKER on 11/4/2020. (rcb) [Transferred from Florida Northern on 11/4/2020.]
November 4, 2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: #5 REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus filed by DELFINO GARCIA CABAX - R&R flag set (rcb)**Objections were not filed by 11/2/2020** [Transferred from Florida Northern on 11/4/2020.]
October 23, 2020 Filing 6 Mail Returned as Undeliverable. Mail sent to DELFINO GARCIA CABAX Re: #4 (rcb)**No forwarding address-Petitoiner released** [Transferred from Florida Northern on 11/4/2020.]
October 5, 2020 Opinion or Order Filing 5 ORDER and REPORT AND RECOMMENDATION- R&R flag set. In light of the foregoing, it is respectfully RECOMMENDED that this petition for writ of habeas corpus, ECF No. #1 , filed pursuant to 28 U.S.C. 2241, be TRANSFERRED to the United States District Court for the Western District of Louisiana, Alexandria Division, for all further proceedings. Internal deadline for referral to district judge if objections are not filed earlier: 11/2/2020. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 10/05/2020. (rcb) [Transferred from Florida Northern on 11/4/2020.]
October 5, 2020 Opinion or Order Filing 4 ORDER and REPORT AND RECOMMENDATION. Petitioner's motion for in forma pauperis status, ECF No. #1 at 7, is GRANTED. Petitioner is not required to pay the filing fee for this case. RECOMMENDATION. In light of the foregoing, it is respectfully RECOMMENDED that this petition for writ of habeas corpus, ECF No. #1 , filed pursuant to 28 U.S.C. 2241, be TRANSFERRED to the United States District Court for the Western District of Louisiana, Alexandria Division, for all further proceedings. Fee status updated to in forma pauperis. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 10/05/2020. (rcb) [Transferred from Florida Northern on 11/4/2020.]
October 3, 2020 Filing 3 Notice to Pro Se (rcb) [Transferred from Florida Northern on 11/4/2020.]
October 3, 2020 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #1 Petition for Writ of Habeas Corpus, #2 MOTION for Leave to Proceed in forma pauperis. Referred to MARTIN A FITZPATRICK. (rcb) [Transferred from Florida Northern on 11/4/2020.]
October 1, 2020 Filing 2 MOTION to Proceed in Forma Pauperis by DELFINO GARCIA CABAX. (rcb) [Transferred from Florida Northern on 11/4/2020.]
October 1, 2020 Filing 1 PETITION for Writ of Habeas Corpus, filed by DELFINO GARCIA CABAX. (rcb) [Transferred from Florida Northern on 11/4/2020.]

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Plaintiff: Delfino Garcia Cabax
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Defendant: John Kelly
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Defendant: William Barr
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Defendant: Bureau of Immigration & Customs Enforcement
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Defendant: U S Dept of Homeland Security
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