Ayabar v. McDonald, et al.
| Franklin Gregorio Ayabar |
| CHAD F. WOLF, Matthew T. Albence, Joseph D McDonald Jr and Attorney General William P. Barr |
| 1:2020cv10677 |
| April 6, 2020 |
| US District Court for the District of Massachusetts |
| Douglas P Woodlock |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Document Text |
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| Filing 8 Electronic notice to counsel: This civil action has been transferred to the Western District of Louisiana and assigned civil case number 1:20-cv-00428. (Danieli, Chris) |
| Filing 7 Case transferred to the District of Western Louisiana. (Rynne, Michelle) |
| Filing 6 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered. This emergency habeas corpus petition under 28 U.S.C. sec. 2241, raising constitutional due process claims, alleges that the petitioner is now in custody at the Alexandria Staging Facility in Alexandria, Louisiana. The petition thus demonstrates on its face that this court does not have jurisdiction because (despite the petitioners artful pleading) the petitioners actual, as distinguished from some putative constructive, custodian is not present in Massachusetts. Under 28 sec. 1404(a) this case may be transferred to the Western District of Louisiana, a jurisdiction in which the case could properly have been brought. See generally, Pen v. Sessions, 2017 WL 3212822 (D. Mass., May 25, 2017). Accordingly the Clerk is hereby ORDERED to transfer this case immediately to the United States District Court for the Western District of Louisiana, the federal district court for the petitioners place of confinement.(Rynne, Michelle) |
| Filing 5 EXHIBIT Letter from MA State Rep by Franklin Gregorio Ayabar. (Carrier, Cristina) |
| Filing 4 First MOTION for Leave to File sealed docs by Franklin Gregorio Ayabar.(Carrier, Cristina) |
| Filing 3 Judge Douglas P. Woodlock: ORDER entered. STANDING ORDER on 2241 petitions regarding detention and removal of the Petitioner from the District of Massachusetts. (adminn, ) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock assigned to case. (Rynne, Michelle) |
| Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2241 emergency stay and writ Filing fee: $ 5, receipt number 0101-8185252 Fee Status: Filing Fee paid., filed by CHAD F. WOLF, William P. Barr, Matthew T. Albence, Joseph D McDonald Jr. (Attachments: #1 Civil Cover Sheet, #2 Category sheet)(Carrier, Cristina) Modified text on 4/6/2020 (Richard Nici, ). |
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