Decarvalho v. Sousa
Petitioner: Janito Decarvalho
Respondent: Todd Lyons, Thomas Hodgson and Steven Sousa
Case Number: 1:2020cv11036
Filed: June 1, 2020
Court: US District Court for the District of Massachusetts
Office: Boston Office
Presiding Judge: Patti B Saris
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 29, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 29, 2020 Filing 13 Copy re #11 Order on Motion to Dismiss for Failure to State a Claim, #12 Order Dismissing Case mailed to Janito Decarvalho on 6/29/2020. (Baker, Casey)
June 29, 2020 Filing 12 Judge Patti B. Saris: ORDER DISMISSING CASE entered.(Baker, Casey)
June 29, 2020 Filing 11 Judge Patti B. Saris: Memorandum and Order entered. Respondents motion to dismiss for failure to state a claim (Docket No. 9) is GRANTED and Decarvalhos petition for a writ of habeas corpus (Docket No. 1) is DENIED without prejudice.(PSSA, 4) Modified on 6/29/2020 (Lara, Miguel).
June 15, 2020 Filing 10 MEMORANDUM in Support re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Steven Sousa. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Farquhar, Rayford)
June 15, 2020 Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Steven Sousa.(Farquhar, Rayford)
June 11, 2020 Filing 8 NOTICE of Appearance by Rayford A. Farquhar on behalf of Steven Sousa (Farquhar, Rayford)
June 5, 2020 Filing 7 Judge Patti B. Saris: ORDER entered. SERVICE ORDER re 2241 Petition. 1. Petitioner's Application to Proceed in District Court Without Prepaying Fees or Costs is GRANTED. 2. Steven Souza, the Superintendent of the Bristol County House of Correction, shall be deemed the sole Respondent in this action. 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). Lyons and Hodgson are dismissed from this action without prejudice. 3. The Clerk shall serve a copy of the petition on the Respondent and the United States Attorney for the District of Massachusetts. 4. The Respondent shall, within 10 days of the entry of this Order, file an answer or other responsive pleading. Petitioner shall file a reply brief within 7 days of the filing of Respondents brief. 5.In order to give the Court time to consider the matter, unless otherwise ordered by the Court, the Respondent shall provide the Court with at least 48 hours advance notice of any scheduled removal of the Petitioner, and any scheduled transfer of the Petitioner out of the jurisdiction. (PSSA, 4)
June 1, 2020 Filing 6 Judge Patti B. Saris: STANDING ORDER entered on 2241 petitions regarding detention and removal of the Petitioner from the District of Massachusetts. (Lara, Miguel)
June 1, 2020 Filing 5 ELECTRONIC NOTICE of Case Assignment. Judge Patti B. Saris assigned to case. (Finn, Mary)
June 1, 2020 Opinion or Order Filing 4 General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (Baker, Casey)
June 1, 2020 Filing 3 Online access to documents in this case is limited to counsel of record only. All documents are available for review in the Office of the Clerk. Counsel of record: please note that you will need to log into CM/ECF to access any documents in this case. (Baker, Casey)
June 1, 2020 Filing 2 MOTION for Leave to Proceed in forma pauperis by Janito Decarvalho.(Baker, Casey)
June 1, 2020 Filing 1 PETITION for Writ of Habeas Corpus (2241), filed by Janito Decarvalho. (Attachments: #1 Exhibit A-K, #2 Cover Letter)(Baker, Casey)

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Petitioner: Janito Decarvalho
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Respondent: Todd Lyons
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Respondent: Thomas Hodgson
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Respondent: Steven Sousa
Represented By: Rayford A. Farquhar
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