Fortuny Diaz v. Barr et al
| Cesar Fortuny Diaz |
| Matthew T Albence, Chad Wolf, Caridad Cephas-Kimbrough, William P Joyce, William Barr and Eric Fountain |
| 6:2020cv00425 |
| April 6, 2020 |
| US District Court for the Western District of Louisiana |
| Patrick J Hanna |
| Michael J Juneau |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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Filing 20
REPORT AND RECOMMENDATIONS re #1 Petition for Writ of Habeas Corpus and #5 MOTION to Expedite Consideration of Case MOTION for Order to Show Cause filed by Cesar Fortuny Diaz. IT IS RECOMMENDED the #1 Petition for Writ of Habeas Corpus be DENIED and DISMISSED WITHOUT PREJUDICE to filing a new habeas petition should his confinement become unconstitutional, and the #5 Motion for Expedited Consideration be DENIED as MOOT. Objections to R&R due by 6/16/2020. Signed by Magistrate Judge Patrick J Hanna on 6/2/2020. (crt,Alexander, E)
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| Filing 19 RESPONSE Reply to Respondents' Response by Cesar Fortuny Diaz brief in support of petition for habeas corpus. (Attachments: #1 Exhibit A (CDC Guidance for Detention Facilities), #2 Exhibit B (ICE Parole Directive for Arriving Asylum Seekers), #3 Exhibit C (March 2020 Parole Denial), #4 Exhibit D (April 2020 Parole Request), #5 Exhibit E (May 2020 Parole Denial))(aty,Montanez, Felix) Modified to edit docket entry text on 5/26/2020 (Haik, K). |
| Filing 18 RESPONSE by Matthew T Albence, William Barr, Caridad Cephas-Kimbrough, Eric Fountain, William P Joyce, Chad Wolf re #1 Petition for Writ of Habeas Corpus, . (Attachments: #1 Gvmt. Ex. A, Declaration of Chamberlain, #2 Gvmt. Ex. B, Notification Declining to Grant Parole)(aty,Byrd, Edwin) |
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Filing 17
ORDER granting #15 Motion for Extension of Time to File Responsive Pleadings. IT IS HEREBY ORDERED that Respondents' Motion is GRANTED, and Respondents be and are hereby GRANTED an extension of time of seven (7) days from the current responsive pleadings deadline, up to and including May 8, 2020 in which to file a Response to Petitioner's Verified Petition for Writ of Habeas Corpus and For Related Relief. Signed by Magistrate Judge Patrick J Hanna on 5/6/2020. (crt,Haik, K)
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| Filing 16 PROPOSED ORDER/JUDGMENT by Matthew T Albence, William Barr, Caridad Cephas-Kimbrough, Eric Fountain, William P Joyce, Chad Wolf re #15 Motion for Extension of Time to File Response/Reply,. (aty,Byrd, Edwin) |
| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply by Matthew T Albence, William Barr, Caridad Cephas-Kimbrough, Eric Fountain, William P Joyce, Chad Wolf. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 5/1/2020. (aty,Byrd, Edwin) Modified to properly capture motion event on 5/6/2020 (Haik, K). |
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Filing 14
ORDER: IT IS ORDERED that this matter be expedited. Respondents shall have fourteen (14) days from the date of this Order to file a memorandum showing why the writ should not be granted. Petitioner shall have seven (7) days to respond to respondents' filing. Signed by Magistrate Judge Patrick J Hanna on 4/17/2020. (crt,Alexander, E)
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| Filing 13 NOTICE of Appearance by Edwin Henry Byrd, IV on behalf of Matthew T Albence, William Barr, Caridad Cephas-Kimbrough, Eric Fountain, William P Joyce, Chad Wolf (Attorney Edwin Henry Byrd, IV added to party Matthew T Albence(pty:dft), Attorney Edwin Henry Byrd, IV added to party William Barr(pty:dft), Attorney Edwin Henry Byrd, IV added to party Caridad Cephas-Kimbrough(pty:dft), Attorney Edwin Henry Byrd, IV added to party Eric Fountain(pty:dft), Attorney Edwin Henry Byrd, IV added to party William P Joyce(pty:dft), Attorney Edwin Henry Byrd, IV added to party Chad Wolf(pty:dft)) (aty,Byrd, Edwin) |
| Filing 12 AFFIDAVIT of Service for Summons and Complaint mailed on 04/09/2020 served on Chad Wolf on 04/13/2020, filed by Cesar Fortuny Diaz. (aty,Montanez, Felix) |
| Filing 11 AFFIDAVIT of Service for summons and complaint mailed on 04/09/2020 served on Eric Fountain on 04/13/2020, filed by Cesar Fortuny Diaz. (aty,Montanez, Felix) |
| Filing 10 AFFIDAVIT of Service for Summons and Complaint mailed on 04/09/2020 served on Matthew Albence on 04/13/2020, filed by Cesar Fortuny Diaz. (aty,Montanez, Felix) |
| Filing 9 AFFIDAVIT of Service for Summons and Complaint mailed on 04/09/2020 served on William Joyce on 04/13/2020, filed by Cesar Fortuny Diaz. (aty,Montanez, Felix) |
| Filing 8 AFFIDAVIT of Service for Summons and Complaint mailed on 04/09/2020 served on Caridad Cephas Kimbrough on 04/13/2020, filed by Cesar Fortuny Diaz. (aty,Montanez, Felix) |
| Filing 7 AFFIDAVIT of Service for summons and complaint mailed on 04/09/2020 served on US Attorney's Office (Lafayette) on 04/13/2020, filed by Cesar Fortuny Diaz. (aty,Montanez, Felix) |
| Filing 6 AFFIDAVIT of Service for Summons and Complaint mailed on April 8, 2020 served on William Barr on 04/13/2020, filed by Cesar Fortuny Diaz. (aty,Montanez, Felix) |
| Filing 5 MOTION to Expedite Consideration of Case and For Order to Show Cause by Cesar Fortuny Diaz. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 4/17/2020. (Attachments: #1 Proposed order order to show cause, #2 Exhibit Declaration of Cesar Fortuny Diaz)(aty,Montanez, Felix). Added MOTION for Order to Show Cause on 4/17/2020 and edit text (Williams, L). |
| SUMMONS Returned Executed by Cesar Fortuny Diaz Matthew T Albence served on 4/13/2020, answer due 6/12/2020; William Barr served on 4/13/2020, answer due 6/12/2020; Caridad Cephas-Kimbrough served on 4/13/2020, answer due 6/12/2020; Eric Fountain served on 4/13/2020, answer due 6/12/2020; William P Joyce served on 4/13/2020, answer due 6/12/2020; Chad Wolf served on 4/13/2020, answer due 6/12/2020. ADMINISTRATIVE ENTRY as docs #6 , #7 , #8 , #9 , #10 , #11 , #12 electronically filed as Affidavits of Service. (crt,Williams, L) |
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Filing 4
ORDER granting #3 Motion to Appear Pro Hac Vice for appearance of Felix A Montanez for Cesar Fortuny Diaz. Signed by Magistrate Judge Patrick J Hanna on 4/16/2020. (crt,Haik, K)
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| Filing 3 MOTION for Felix Montanez to Appear Pro Hac Vice ( Admission fee: $105, receipt number ALAWDC-4236307) by Cesar Fortuny Diaz. Motions referred to Patrick J Hanna. Motion Ripe Deadline set for 4/15/2020. (Attachments: #1 Proposed order)(aty,Gahagan, Michael) Modified to indicate certificate of good standing filed within PDF image of main document on 4/15/2020 (Thomas, T). |
| Filing 2 SUMMONS ISSUED as to U S Attorney, U S Attorney General, William Barr, Chad Wolf, Matthew T Albence, William P Joyce, Caridad Cephas Kimbrough, Eric Fountain. (crt,Haik, K) |
| DIVISIONAL TRANSFER of Old Case Number 1:20-cv-0425 from Alexandria Division to Lafayette Division. New Case Number 6:20-cv-0425. (crt,Thigpen, M) |
| CASE Assigned to Judge Michael J Juneau and Magistrate Judge Patrick J Hanna. (crt,Thigpen, M) |
| Filing 1 First PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number ALAWDC-4228138) filed by Cesar Fortuny Diaz. (Attachments: #1 Appendix, #2 Civil cover sheet, #3 Proposed summons/writ, #4 Proposed summons/writ, #5 Proposed summons/writ, #6 Proposed summons/writ, #7 Proposed summons/writ, #8 Proposed summons/writ, #9 Proposed summons/writ)(Attorney Michael Wayne Gahagan added to party Cesar Fortuny Diaz(pty:pla))(aty,Gahagan, Michael) |
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