Ferreira Avelar v. Sessions et al
| Erlim Ferreira Avelar |
| Steven Tomkins and Jefferson B Sessions |
| 1:2018cv12309 |
| November 5, 2018 |
| US District Court for the District of Massachusetts |
| Denise J Casper |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Document Text |
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| Filing 22 NOTICE by Steven Tomkins of Cancellation of Removal (Attachments: #1 First Circuit Order)(Piemonte, Eve) |
| Filing 21 USCA Case Number 18-2186 for #17 Notice of Interlocutory Appeal filed by Erlim Ferreira Avelar. (Paine, Matthew) |
| Filing 20 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #17 Notice of Interlocutory Appeal,,,, (adminn, ) |
| Filing 19 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #16 Motion for Leave to Appeal in forma pauperis (Hourihan, Lisa) |
| Filing 18 NOTICE by Steven Tomkins of Intent to Remove (Piemonte, Eve) |
| Filing 17 NOTICE OF INTERLOCUTORY APPEAL as to 15 Order on Motion to Stay,, Order on Motion for TRO, by Erlim Ferreira Avelar. ( (Fee Status: IFP requested)) NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/efiling.htm. US District Court Clerk to deliver official record to Court of Appeals by 12/10/2018. (Attachments: #1 Supplement Notice of Appeal)(Nowotny, Gerald) (Attachment 1 replaced on 11/21/2018) (Paine, Matthew). |
| Filing 16 First MOTION for Leave to Appeal in forma pauperis Affidavit by Erlim Ferreira Avelar. (Attachments: #1 Supplement Affidavit for In Forma Pauperis)(Nowotny, Gerald) (Attachment 1 replaced on 11/21/2018) (Paine, Matthew). |
| Filing 15 Judge Denise J. Casper: ELECTRONIC ORDER entered. D. 5. 6: Having reviewed and considered the motion papers, D. 5-6, and the opposition, D. 12, and given the pendency of Petitioner's BIA appeal and the (premature) appeal to the First Circuit of same, see D. 12-5, the Court DENIES the motion for a stay of removal or a temporary restraining order. (McKillop, Matthew) |
| Filing 14 MEMORANDUM in Support re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Steven Tomkins. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Declaration)(Piemonte, Eve) |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Steven Tomkins.(Piemonte, Eve) |
| Filing 12 Opposition re #5 MOTION to Stay, #6 MOTION for Temporary Restraining Order filed by Steven Tomkins. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Declaration)(Piemonte, Eve) |
| Filing 11 Judge Denise J. Casper: ORDER entered granting #2 Motion for Leave to Appear Pro Hac Vice Added Gerald R. Nowotny. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McKillop, Matthew) |
| Filing 10 NOTICE of Appearance by Eve A. Piemonte on behalf of Jefferson B Sessions, Steven Tomkins (Piemonte, Eve) |
| Filing 9 Judge Denise J. Casper: ORDER entered. SERVICE ORDER re 2241 Petition. "1.Respondent Superintendent Yolanda Smith is the immediate custodian and is now substituted as the Respondent. See Rumsfeld v. Padilla, 542 U.S. 426, 439 (2004) (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 detainee). All other Respondents are dismissed without prejudice from this action. 2.The Clerk shall serve the Petition (D. 1), the Emergency Motion for Temporary Restraining Order During the Pendency of the Emergency Motion for Stay of Removal (D. 6), and Emergency Motion for Stay of Removal (D. 5) on Respondent Yolanda Smith and the United States Attorney for the District of Massachusetts. 3.Respondent Yolanda Smith shall respond to the petition and Emergency Motions by November 14, 2018. 4.To give the Court time to consider the matter, unless otherwise ordered by the Court, Petitioner shall not be moved outside the District of Massachusetts without providing the Court 48 hours advance notice of the move and the reason therefor. Any such 48-hour notice period shall commence at the date and time such notice is filed and expire 48 hours later, except [i]f the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday. Fed. R. Civ. P. 6(a)(2)(C)."(PSSA 5) |
| Filing 8 Notice of correction to docket made by Court staff. Summons issued in this case incorrectly. Please disregard summons issued at docket entry #4 (Halley, Taylor) |
| Filing 7 Judge Denise J. Casper: ORDER entered. STANDING ORDER on 2241 petitions regarding detention and removal of the Petitioner from the District of Massachusetts. (PSSA, 5) |
| Filing 6 Emergency MOTION for Temporary Restraining Order by Erlim Ferreira Avelar.(McKillop, Matthew) |
| Filing 5 Emergency MOTION for Stay of Removal by Erlim Ferreira Avelar.(McKillop, Matthew) |
| Filing 4 Summons Issued as to JEFFERSON B. SESSIONS, Steven Tomkins. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Halley, Taylor) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) |
| Filing 2 First MOTION for Leave to Appear Pro Hac Vice for admission of Gerald R. Nowotny Filing fee: $ 100, receipt number 0101-7397070 by Erlim Ferreira Avelar. (Attachments: #1 Supplement Pro Hac Vice, #2 Supplement Florida Good Standing Certificate)(Fortgang, Robert) |
| Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2241 Filing fee: $ 5, receipt number 0101-7397005 Fee Status: Filing Fee paid., filed by Erlim Ferreira Avelar. (Attachments: #1 Civil Cover Sheet, # 2 Supplement Certificate of Service, (Fortgang, Robert) Modified on 11/5/2018. Motions were made into separate entries. (McKillop, Matthew). (Attachment 4 replaced on 11/5/2018) (McKillop, Matthew). (Attachment 1 replaced on 11/7/2018) (Alves-Baptista, Antonia). |
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