Gutierrez v. Barr et al
| Leonardo Gutierrez |
| Chad F Wolf, Carlos Rodriguez, William Barr, Daniel Biblia, Warden Immigration Detention Facility and Luis Lopez |
| 1:2021cv01689 |
| June 16, 2021 |
| US District Court for the Western District of Louisiana |
| Alexandria Office |
| Dee D Drell |
| Joseph H L Perez-Montes |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on July 26, 2021. A more recent docket listing may be available from PACER.
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| Filing 48 MAIL RETURNED as Undeliverable: Mail sent to Leonardo Gutierrez, Winn Correctional Center, re: #46 Order on Motion to Dismiss, returned marked: RTS: Released. (crt,Haik, K) |
| Filing 47 MAIL RETURNED as Undeliverable: Mail sent to Leonardo Gutierrez, Winn Correctional Center, re: #45 Order on Motion to Substitute Attorney, returned marked: RTS: Released. (crt,Haik, K) |
Filing 46
ORDER granting #43 Motion to Dismiss. IT IS HEREBY ORDERED that the Motion to Dismiss the Petition for Writ of Habeas Corpus is GRANTED and the Petition for Writ of Habeas Corpus (ECF No. 1) is DISMISSED WITHOUT PREJUDICE. Signed by Magistrate Judge Joseph H L Perez-Montes on 7/12/2021. (crt,Haik, K) (Main Document 46 replaced on 7/12/2021 to edit the pleading and reflect the correct division of signing) (Tice, Y).
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Filing 45
ORDER granting #42 Motion to Substitute Attorney. Added attorney Jerry Edwards for William Barr,Jerry Edwards for Daniel Biblia,Jerry Edwards for Warden Immigration Detention Facility,Jerry Edwards for Luis Lopez,Jerry Edwards for Carlos Rodriguez,Jerry Edwards for Chad F Wolf. Attorney Eleanor A Robinson-Gaither terminated. Signed by Magistrate Judge Joseph H L Perez-Montes on 7/9/2021. (crt,Haik, K)
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| Filing 44 MAIL RETURNED as Undeliverable: Mail sent to Leonardo Gutierrez, Winn Correctional Center, re: #38 Judgment re Report and Recommendations, #41 Transfer Order returned marked: Return to Sender; Released. (Attachments: #1 Return doc #41) (crt,Thomas, T) |
| Set/Reset Deadlines as to #43 MOTION to Dismiss Petition for Writ of Habeas Corpus. Motion Ripe Deadline set for 7/7/2021. (crt,Haik, K) |
| Filing 43 MOTION to Dismiss Petition for Writ of Habeas Corpus by William Barr, Daniel Biblia, Warden Immigration Detention Facility, Luis Lopez, Carlos Rodriguez, Chad F Wolf. Motions referred to Joseph H L Perez-Montes. (Attachments: #1 Memorandum / Brief, #2 Exhibit 1-Declaration of Ladwig, #3 Proposed order)(aty,Edwards, Jerry) |
| Filing 42 MOTION to Substitute Attorney Jerry Edwards in place of Eleanor A. Robinson-Gaither with consent by William Barr, Daniel Biblia, Warden Immigration Detention Facility, Luis Lopez, Carlos Rodriguez, Chad F Wolf. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 7/6/2021. (Attachments: #1 Proposed order)(Attorney Jerry Edwards added to party William Barr(pty:dft), Attorney Jerry Edwards added to party Daniel Biblia(pty:dft), Attorney Jerry Edwards added to party Warden Immigration Detention Facility(pty:dft), Attorney Jerry Edwards added to party Luis Lopez(pty:dft), Attorney Jerry Edwards added to party Carlos Rodriguez(pty:dft), Attorney Jerry Edwards added to party Chad F Wolf(pty:dft))(aty,Edwards, Jerry) |
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Filing 41
TRANSFER ORDER regarding admission status of counsel. Signed by Magistrate Judge Joseph H L Perez-Montes on 6/23/2021. (crt,Thomas, T)
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| Filing 40 PROPOSED TRANSFER ORDER Referred to Magistrate Judge Joseph H L Perez-Montes. Motion Ripe Deadline set for 6/23/2021. (crt,Devillier, W) |
| CASE Assigned to Judge Dee D Drell and Magistrate Judge Joseph H L Perez-Montes. Motions referred to Magistrate Judge Joseph H L Perez-Montes. (crt,Devillier, W) |
| Filing 39 DISTRICT CASE transferred in from District of Texas Southern; Case Number 1:20-cv-00141. Original file copy of transfer order and docket sheet received |
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Filing 38
ORDER ADOPTING REPORT AND RECOMMENDATIONS re: #34 Report and Recommendations. The District Court Clerk is ORDERED to transfer Petitioner's Petition to the U.S. District Court, Western District of Louisiana, Alexandria Division. (Signed by Judge Rolando Olvera) Parties notified.(EdnitaPonce, 1) [Transferred from Texas Southern on 6/16/2021.]
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| Interdistrict transfer to U.S. District Court, Western District of Louisiana - Alexandria Division. Case transferred electronically. Case terminated on 6/16/21, filed. (EdnitaPonce, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 37 Certified Mail Receipt Returned, executed on 05/26/2021 re: 35 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (dbenavides, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 36 Mail Returned Undeliverable as to Leonardo Gutierrez re: 35 Document(s) Sent, filed. (dbenavides, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 34 REPORT AND RECOMMENDATIONS re #1 Petition for Writ of Habeas Corpus. It is recommended that the Court (1) GRANT Respondent's Amended Motion to Dismiss or Transfer and (2) TRANSFER Gutierrez's Petition to the U.S.D.C., Western District of Louisiana, Alexandria Division. Objections to R&R due by 6/2/2021(Signed by Magistrate Judge Ignacio Torteya, III) Parties notified.(rnieto, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 33 NOTICE of Change of Address by Leonardo Gutierrez, filed. (EdnitaPonce, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 32 Petitioner's Motion to Request Decision of Habeas Corpus, Motion to Expedite by Leonardo Gutierrez, filed. Motion Docket Date 6/1/2021. (EdnitaPonce, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 31 REPLY to #30 Response in Opposition to Motion, to Dismiss and Transfer Venue, filed by Chad F. Wolf. (Robinson-Gaither, Eleanor) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 30 RESPONSE in Opposition to #29 Amended MOTION to Dismiss #28 Letter, #23 MOTION to Expedite Court's Decision of Habeas Corpus, #27 Response in Opposition to Motion, #1 Petition for Writ of Habeas Corpus , filed by Leonardo Gutierrez. (jtabares, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 29 Amended MOTION to Dismiss #28 Letter, #23 MOTION to Expedite Court's Decision of Habeas Corpus, #27 Response in Opposition to Motion, #1 Petition for Writ of Habeas Corpus by William Barr, filed. Motion Docket Date 4/22/2021. (Attachments: #1 Proposed Order)(Robinson-Gaither, Eleanor) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 28 Letter from Leonardo Gutierrez re: Status of Petition, filed. (dnoriega, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 27 Petitioner's Opposition to #14 MOTION to Dismiss #1 Petition for Writ of Habeas Corpus , filed by Leonardo Gutierrez. (JenniferLongoria, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 26 Petitioner's NOTICE to Change of Address by Leonardo Gutierrez, filed. (rnieto, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 25 NOTICE of Change of Address by Leonardo Gutierrez, filed. (dbenavides, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 24 REPLY to #23 MOTION to Expedite Court's Decision of Habeas Corpus, #1 Petition for Writ of Habeas Corpus, #16 Response to Motion to Dismiss, filed by William Barr. (Attachments: #1 Exhibit 2)(Robinson-Gaither, Eleanor) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 23 MOTION to Expedite Court's Decision of Habeas Corpus by Leonardo Gutierrez, filed. Motion Docket Date 2/23/2021. (mperez, 1) (Additional attachment(s) added on 2/2/2021: #1 Exhibit A) (mperez, 1).[Transferred from Texas Southern on 6/16/2021.] |
| Filing 22 RETURN of Service of SUMMONS Executed as to Daniel Biblia served on 9/30/2020, answer due 11/30/2020, filed.(EdnitaPonce, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 21 RETURN of Service of SUMMONS Executed as to Chad F. Wolf served on 9/28/2020, answer due 11/27/2020, filed.(EdnitaPonce, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 20 RETURN of Service of SUMMONS Executed as to William Barr served on 9/28/2020, answer due 11/27/2020, filed.(EdnitaPonce, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 19 RETURN of Service Executed as to Carlos Rodriguez/ICE Deportation Officer on 9/25/2020 re: summons, filed.(mperez, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 18 RETURN of Service Executed as to Luis Lopez/ICE Deportation Officer on 9/25/2020 re: summons, filed.(mperez, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 17 RETURN of Service Executed as to Warden of Immigration Detention Facility on 9/25/2020 re: summons, filed.(mperez, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 16 Rebuttal to RESPONDENT'S #14 MOTION to Dismiss #1 Petition for Writ of Habeas Corpus filed by Leonardo Gutierrez. (scastillo, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 15 Letter from Leonardo Gutierrez re: status of petition, filed. (EdnitaPonce, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 14 MOTION to Dismiss #1 Petition for Writ of Habeas Corpus by William Barr, filed. Motion Docket Date 12/3/2020. (Attachments: #1 Exhibit 1, #2 Exhibit)(Robinson-Gaither, Eleanor) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 13 Certified Mail Receipt Returned, executed on 9/18/2020 re: 8 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (JenniferLongoria, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 12 Notice of NON-CONSENT by Leonardo Gutierrez, filed.(scastillo, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 11 Certified Mail Receipt Returned, executed on 9/16/2020 re: 7 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (dnoriega, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 10 NOTICE of attorney substitution by Luis Lopez, Carlos Rodriguez, Warden of Immigration Detention Facility, Chad F. Wolf. Attorney Eleanor Robinson Gaither added. Attorney Christopher D Pineda terminated, filed. (Robinson-Gaither, Eleanor) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 9 NOTICE of attorney substitution by William Barr, Daniel Biblia. Attorney Eleanor Robinson Gaither added. Attorney Christopher D Pineda terminated, filed. (Robinson-Gaither, Eleanor) [Transferred from Texas Southern on 6/16/2021.] |
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Filing 6
Duplicate entry of #5 ORDER granting Motion #2 . Responses due by 11/13/2020.The District Clerks Office is ORDERED to serve a copy of the Petition and this Order upon Respondents and the United States Attorney for the Southern District of Texas, Ryan Patrick. Respondents are ORDERED to file a response to Gutierrezs Petition on or before November 13, 2020. (Signed by Magistrate Judge Ignacio Torteya, III) Parties notified.(dbenavides, 1) Modified on 9/14/2020 (dbenavides, 1). [Transferred from Texas Southern on 6/16/2021.]
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Filing 5
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. The District Clerks Office is ORDERED to serve a copy of the Petition and this Order upon Respondents and the United States Attorney for the Southern District of Texas, Ryan Patrick. Respondents are ORDERED to file a response to Gutierrezs Petition on or before November 13, 2020. Signed by Magistrate Judge Ignacio Torteya, III) Parties notified.(dbenavides, 1) [Transferred from Texas Southern on 6/16/2021.]
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| Filing 4 NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (JenniferLongoria, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Summons Issued as to William Barr, Daniel Biblia, Chad F. Wolf, U.S. Attorney and U.S. Attorney General. dbenavides, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Summons Issued as to Luis Lopez,filed.(dbenavides, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Summons Issued as to Carlos Rodriguez, filed.(dbenavides, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Summons Issued as to Warden of Immigration Detention Facility, filed.(dbenavides, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 3 MOTION for Appointment of Counsel Pursuant to 18 USC 3006A by Leonardo Gutierrez, filed. Motion Docket Date 10/2/2020. (JenniferLongoria, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 2 MOTION and Declaration Under Penalty of Perjury Support of Motion to Proceed In Forma Pauperis by Leonardo Gutierrez, filed. Motion Docket Date 10/2/2020. (JenniferLongoria, 1) [Transferred from Texas Southern on 6/16/2021.] |
| Filing 1 PETITION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5) filed by Leonardo Gutierrez.(JenniferLongoria, 1) [Transferred from Texas Southern on 6/16/2021.] |
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