Davis v. Moniz
| Andrew Dwight Davis |
| Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), Plymouth County Sheriff Department and Antone Moniz |
| 1:2021cv11852 |
| November 15, 2021 |
| US District Court for the District of Massachusetts |
| Angel Kelley |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 3, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 11 Mail sent to Andrew Dwight Davis returned to sender. (Pacho, Arnold) |
| Filing 10 District Judge Angel Kelley: ORDER entered. ORDER DISMISSING CASE(PSSA, 4) |
| Filing 9 District Judge Angel Kelley: ELECTRONIC ORDER entered granting #7 Motion to Dismiss. Petitioner Andrew Dwight Davis filed a petition for writ of habeas corpus on November 12, 2021. The government filed a motion to dismiss with a memorandum in support accompanied by an affidavit of Jennifer Hood, a Deportation Officer for U.S. Department of Homeland Security, United States Immigration and Customs Enforcement, Enforcement and Removal Operations in Burlington, Massachusetts. Officer Hood attests that on December 16, 2021, Davis was released from custody pursuant to an Order of Recognizance as he is not subject to a final order of removal and was determined not to meet current immigration enforcement priorities. Davis provided to the government an address for a new residence in Folcroft Pennsylvania. As Davis is no longer in ICE custody, the petition for a writ of habeas corpus is now moot. See Horizon Bank & Trust Co. v. Massachusetts, 391 F.3d 48, 53 (1st Cir. 2004) (a case is moot when the court cannot give any effectual relief to the potentially prevailing party). For these reasons, the court allows the motion to dismiss and directs the clerk to mail a copy of this Electronic Order to petitioner at 761 Windsor Circle, Folcroft, PA 19032, and to petitioner at the address on the docket. (PSSA, 4) |
| Filing 8 MEMORANDUM in Support re #7 MOTION to Dismiss As Moot filed by Antone Moniz. (Attachments: #1 Exhibit A)(Brizius, Erin) |
| Filing 7 MOTION to Dismiss As Moot by Antone Moniz.(Brizius, Erin) |
| Filing 6 Filing fee/payment: $ 5.00, receipt number 1BST087676 for #1 Petition for Writ of Habeas Corpus (2241) (Barbosa, Nilsa) |
| Filing 5 NOTICE of Appearance by Erin E. Brizius on behalf of Antone Moniz (Brizius, Erin) |
| Filing 4 District Judge Angel Kelley: ORDER entered. 1.Petitioner shall, within 21 days of the date of this order, pay the $5.00 filing fee or file an Application to Proceed in District Court without Prepaying Fees or Costs. Failure to comply with this order may result in dismissal of the action without prejudice. The Clerk shall provide Petitioner with the appropriate form.2.Antone Moniz, Superintendent of the Plymouth County Correctional Facility, shall be the sole respondent. The Department of Homeland Security, Immigration and Customs Enforcement, and the Plymouth County Sheriffs Department are dismissed without prejudice. 3.The Clerk shall serve a copy of the petition upon Superintendent Moniz and the United States Attorney for the District of Massachusetts. 4.Respondent shall, within 21 days of the date of this order, file an answer or other responsive pleading. 5.In order 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, 4) |
| 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. (Alves-Baptista, Antonia) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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) |
| Filing 1 PETITION for Writ of Habeas Corpus (2241), filed by Andrew Dwight Davis. (Attachments: #1 envelope)(Castilla, Francis) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Massachusetts District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
