Batista Ferreira v. Lyons et al

Petitioner: Romilson Batista Ferreira
Respondent: Sheriff STEVEN W TOMPKINS, Yolanda Smith, Secretary Kirstjen M NIELSEN, Acting Atty. General Matthew G Whitaker and Acting Director Todd Lyons
Case Number: 1:2019cv10258
Filed: February 11, 2019
Court: US District Court for the District of Massachusetts
Presiding Judge: Mark L Wolf
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28:2241
Jury Demanded By: None

Docket Report

This docket was last retrieved on March 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 18, 2019 Filing 15 REPLY to Response to #10 MOTION to Dismiss under Rule 12(b)(1) and 12(b)(6) filed by Todd Lyons, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS, Matthew G Whitaker. (Larakers, Mary)
March 18, 2019 Filing 14 Judge Mark L. Wolf: "ALLOWED." ENDORSED ORDER entered granting #13 Motion for Leave to File Document ; If counsel has not already done so, counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Bono, Christine)
March 15, 2019 Filing 13 Assented to MOTION for Leave to File Reply in Further Support of Respondents' Motion to Dismiss by Todd Lyons, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS, Matthew G Whitaker. (Attachments: #1 Exhibit Respondents' Reply in Further Support of their Motion to Dismiss)(Larakers, Mary)
March 8, 2019 Filing 12 First REPLY to Response to #10 MOTION to Dismiss under Rule 12(b)(1) and 12(b)(6) filed by Romilson Batista Ferreira. (Attachments: #1 Exhibit Exhibits A-C)(Rubin, Jeffrey)
March 1, 2019 Filing 11 EXHIBIT re #10 MOTION to Dismiss under Rule 12(b)(1) and 12(b)(6) by Todd Lyons, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS, Matthew G Whitaker. (Larakers, Mary)
March 1, 2019 Filing 10 MOTION to Dismiss under Rule 12(b)(1) and 12(b)(6) by Todd Lyons, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS, Matthew G Whitaker.(Larakers, Mary)
February 28, 2019 Filing 9 Judge Mark L. Wolf: ELECTRONIC ORDER entered granting #8 Motion for Leave to File Excess Pages ; If counsel has not already done so, counsel (using the Electronic Case Filing System) should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Bono, Christine)
February 27, 2019 Filing 8 Joint MOTION for Leave to File Excess Pages by Todd Lyons, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS, Matthew G Whitaker.(Larakers, Mary)
February 27, 2019 Filing 7 Judge Mark L. Wolf: ALLOWED. Respondents shall, by March 1, 2019, respond to the petition. Petitioner shall file any reply by March 8, 2019. ELECTRONIC ORDER entered re #6 Joint statement of counsel. (Bono, Christine)
February 20, 2019 Filing 6 JOINT STATEMENT of counsel (Joint Report). (Piemonte, Eve)
February 20, 2019 Filing 5 NOTICE of Appearance by Mary Larakers on behalf of Todd Lyons, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS, Matthew G Whitaker (Larakers, Mary)
February 13, 2019 Filing 4 NOTICE of Appearance by Eve A. Piemonte on behalf of Todd Lyons, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS, Matthew G Whitaker (Piemonte, Eve)
February 11, 2019 Filing 3 Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. The Clerk of this Court shall serve forthwith a copy of the petition (Docket No. 1) upon respondents and the United States Attorney for the District of Massachusetts. 2. The parties, including the United States, shall confer and, by February 20, 2019, report, jointly if possible, but separately if necessary: (a) whether they have reached an agreement to resolve this case; and, if not, (b) whether they request more time to continue their discussions and/or for the briefing required in paragraph 3 of this Order. 3. If the parties have not reached an agreement to resolve the case, respondents shall, by February 27, 2019, respond to the petition. See 28 U.S.C. 2243. Batista Ferreira shall file any reply by March 7, 2019. 5. In order to preserve the court's jurisdiction, to provide the parties an opportunity to attempt to resolve this case and, if necessary, to brief the issues properly, petitioner shall not be moved outside the District of Massachusetts, temporarily or permanently, during the pendency of this case. See 28 U.S.C. 1651(a) ("[A]11 courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law."). This requirement may be reconsidered by the court sua sponte or upon motion by either party." ORDER entered. (Bono, Christine)
February 11, 2019 Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Mark L. Wolf 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 M. Page Kelley. (Finn, Mary)
February 11, 2019 Filing 1 First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number 0101-7534217 Fee status: Filing Fee paid., filed by Romilson Batista Ferreira. (Attachments: #1 Civil Cover Sheet, #2 Category Form, #3 Addendum)(Rubin, Jeffrey)

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Respondent: Sheriff STEVEN W TOMPKINS
Represented By: Eve A. Piemonte
Represented By: Mary Larakers
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Respondent: Yolanda Smith
Represented By: Eve A. Piemonte
Represented By: Mary Larakers
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Respondent: Secretary Kirstjen M NIELSEN
Represented By: Eve A. Piemonte
Represented By: Mary Larakers
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Respondent: Acting Atty. General Matthew G Whitaker
Represented By: Mary Larakers
Represented By: Eve A. Piemonte
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Respondent: Acting Director Todd Lyons
Represented By: Eve A. Piemonte
Represented By: Mary Larakers
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Petitioner: Romilson Batista Ferreira
Represented By: Jeffrey B. Rubin
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