Ramirez Carrera v. Tompkins

Ramirez Carrera v. Tompkins

Petitioner:	Jose Alfredo Ramirez Carrera
Respondent:	Steven Tompkins
Case Number:	1:2017cv10266
Filed:	February 17, 2017
Court:	US District Court for the District of Massachusetts
Office:	Boston Office
County:	Suffolk
Presiding Judge:	Allison D. Burroughs
Nature of Suit:	Habeas Corpus - Alien Detainee
Cause of Action:	28 U.S.C. § 2241
Jury Demanded By:	None

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Date Filed	Document Text
February 27, 2017	Filing 5 Judge Allison D. Burroughs: ORDER entered. MEMORANDUM AND ORDER: Within 21 days from the date of this Memorandum and Order, petitioner shall pay the $5.00 filing fee or he shall seek leave to proceed without prepayment of the filing fee. See 28 U.S.C. § 1914(a) (fees); 28 U.S.C. § 1915 (proceedings in forma pauperis). The motion for leave to proceed without prepayment of the filing fee must be accompanied by a certificate from the warden or other appropriate officer of the place of confinement showing the amount of money or securities that the petitioner has in any account in the institution. Rule 3(a)(2) of the Rules Governing Section 2254 Cases (applicable at the discretion of the district court to other habeas petitions. See Rule 1(b) of the Rules Governing Section 2254 Cases). Failure to comply with this directive may result in a dismissal of this action. Yolanda Smith, Superintendent of the Suffolk County House of Correction, shall be substituted as the sole respon dent in this action. See Rumsfeld v. Padilla, 542 U.S. 426, 439 (2004) (holding that immediate custodian of petitioner is proper respondent in habeas action); Vasquez v. Reno, 233 F.3d 688, 696 (1st Cir. 2000) (same, as applied to immigration detaine e). Sheriff Tompkins shall be terminated as a party to this action. Notwithstanding the unresolved filing fee issue, the Clerk of this Court shall serve a copy of the petition and this Memorandum and Order upon (i) Superintendent Yolanda Smith; and (ii) William D. Weinreb, the Acting United States Attorney for the District of Massachusetts. The respondent shall, within 21 days of receipt of the petition, respond to the petition. The Respondent shall give the Court 48 hours notice prior to any removal of the petitioner from the District of Massachusetts. (PSSA, 1)

Date Filed

Document Text

February 27, 2017

Filing 5 Judge Allison D. Burroughs: ORDER entered. MEMORANDUM AND ORDER: Within 21 days from the date of this Memorandum and Order, petitioner shall pay the $5.00 filing fee or he shall seek leave to proceed without prepayment of the filing fee. See 28 U.S.C. § 1914(a) (fees); 28 U.S.C. § 1915 (proceedings in forma pauperis). The motion for leave to proceed without prepayment of the filing fee must be accompanied by a certificate from the warden or other appropriate officer of the place of confinement showing the amount of money or securities that the petitioner has in any account in the institution. Rule 3(a)(2) of the Rules Governing Section 2254 Cases (applicable at the discretion of the district court to other habeas petitions. See Rule 1(b) of the Rules Governing Section 2254 Cases). Failure to comply with this directive may result in a dismissal of this action. Yolanda Smith, Superintendent of the Suffolk County House of Correction, shall be substituted as the sole respon dent in this action. See Rumsfeld v. Padilla, 542 U.S. 426, 439 (2004) (holding that immediate custodian of petitioner is proper respondent in habeas action); Vasquez v. Reno, 233 F.3d 688, 696 (1st Cir. 2000) (same, as applied to immigration detaine e). Sheriff Tompkins shall be terminated as a party to this action. Notwithstanding the unresolved filing fee issue, the Clerk of this Court shall serve a copy of the petition and this Memorandum and Order upon (i) Superintendent Yolanda Smith; and (ii) William D. Weinreb, the Acting United States Attorney for the District of Massachusetts. The respondent shall, within 21 days of receipt of the petition, respond to the petition. The Respondent shall give the Court 48 hours notice prior to any removal of the petitioner from the District of Massachusetts. (PSSA, 1)

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Petitioner: Jose Alfredo Ramirez Carrera
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Respondent: Steven Tompkins
Represented By:	Annapurna Balakrishna
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