Kinuthia v. Barr et al
| Naomi W. Kinuthia |
| Todd M. Lyons, Donna Carr and William Barr |
| 1:2019cv11450 |
| July 1, 2019 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Document Text |
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| Filing 21 USCA Case Number 19-1858 for #18 Notice of Appeal,,, filed by Naomi W. Kinuthia. (Danieli, Chris) |
| Filing 20 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #18 Notice of Appeal. (Pacho, Arnold) |
| Filing 22 USCA Appeal Fees received $505.00 receipt number 1BST076016 re #18 Notice of Appeal, filed by Naomi W. Kinuthia (Coppola, Katelyn) |
| Filing 19 TRANSCRIPT ORDER FORM by Naomi W. Kinuthia. (Pacho, Arnold) |
| Filing 18 NOTICE OF APPEAL as to 12 Order on Motion to Dismiss, #13 Order Dismissing Case, 17 Order on Motion for Reconsideration, by Naomi W. Kinuthia. 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/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 9/12/2019. (Attachments: #1 Exhibit) (Pacho, Arnold) |
| Filing 17 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #15 Motion for Reconsideration, finding no persuasive grounds to alter the court's determination that plaintiff's instant habeas petition is barred by res judicata, as the alleged procedural defects in immigration proceedings - the subject of her prior habeas petition - is also the basis for plaintiff's challenge to her order of supervision (in effect, the order of final removal). (DT) |
| Filing 16 Opposition re #15 MOTION for Reconsideration re 12 Order on Motion to Dismiss,,,,, #13 Order Dismissing Case filed by William Barr, Donna Carr, Todd M. Lyons. (Sady, Michael) |
| Filing 15 MOTION for Reconsideration re 12 Order on Motion to Dismiss, #13 Order Dismissing Case by Naomi W. Kinuthia. (Pacho, Arnold) |
| Filing 14 Copy re 12 Order on Motion to Dismiss, #13 Order Dismissing Case mailed to Naomi W. Kinuthia on 8/8/2019. (Pacho, Arnold) |
| Filing 13 Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (Pacho, Arnold) |
| Filing 12 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #8 Motion to Dismiss. In her habeas corpus petition, petitioner Naomi Kinuthia alleges procedural defects in the asylum/witholding proceedings involving her husband and herself, in particular, that she was not afforded an opportunity to testify in her husband's asylum proceeding, nor on behalf of her own withholding petition. Petitioner seeks a stay of removal and a remand to the BIA for a hearing. Having previously challenged other alleged procedural defects in the same immigration proceedings and litigated the case to a final judgment on the merits, see Kinuthia v. Carr, No. 18-12325-DJC, Dkt. # 18 (D.Mass. Feb. 8, 2019) (Kinuthia I), this matter is barred by the principle of res judicata. The law disfavors the splitting of claims and bars "litigation of claims that arose from the same set of operative facts and could have been raised in the prior proceeding." Wolf v. Gruntal & Co., 45 F.3d 524, 527 (1st Cir. 1995) (emphasis in original). Further, as Judge Casper noted in Kinuthia, as petitioner is not being held in custody, a habeas petition is not the appropriate vehicle through which to seek the relief petitioner requested. Accordingly, the government's motion to dismiss is ALLOWED.(DT) |
| Filing 11 RESPONSE to Motion re #8 MOTION to Dismiss filed by Naomi W. Kinuthia. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Pacho, Arnold) |
| Filing 10 NOTICE by William Barr, Donna Carr, Todd M. Lyons of Re-Service (Sady, Michael) |
| Filing 9 MEMORANDUM in Support re #8 MOTION to Dismiss filed by William Barr, Donna Carr, Todd M. Lyons. (Attachments: #1 Exhibit, #2 Exhibit)(Sady, Michael) |
| Filing 8 MOTION to Dismiss by William Barr, Donna Carr, Todd M. Lyons.(Sady, Michael) |
| Filing 7 NOTICE of Appearance by Michael P. Sady on behalf of William Barr, Donna Carr, Todd M. Lyons (Sady, Michael) |
| Filing 5 Judge Richard G. Stearns: ORDER entered. SERVICE ORDER re 2241 Petition. 1. The clerk shall serve a copy of the petition upon the respondents and the United States Attorney for the District of Massachusetts.2.The respondents shall, within 21 days of the date of this order, respond to the petition. (PSSA, 4) |
| Filing 4 ELECTRONIC NOTICE of Case Reassignment. Judge Richard G. Stearns 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 Jennifer C. Boal. (Danieli, Chris) |
| Filing 2 NOTICE of Case Assignment. Magistrate Judge Jennifer C. Boal assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary) |
| Filing 3 Refusal to Consent to Proceed Before a US Magistrate Judge. (Coppola, Katelyn) |
| Filing 1 PETITION for Writ of Habeas Corpus (2241), filed by Naomi W. Kinuthia. (Attachments: #1 Writ Of Habeas Attachment, #2 Exhibit)(Coppola, Katelyn) |
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