Gicharu v. Moniz
Petitioner: Samuel Kinuthia Gicharu
Respondent: Merrick B. Garland, Joseph D McDonald Jr, Todd M Lyons and Antone Moniz
Case Number: 1:2023cv11672
Filed: August 3, 2023
Court: US District Court for the District of Massachusetts
Presiding Judge: Myong J Joun
Referring Judge: Paul G Levenson
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 27, 2023 Filing 26 Judge Myong J. Joun: ELECTRONIC ORDER entered re #25 Motion for Reconsideration filed by Samuel Kinuthia Gicharu. For the reasons stated in the Memorandum and Order issued September 8, 2023 [Docket #23 ], the Motion for Reconsideration is Denied. (York, Steve)
September 11, 2023 Filing 25 Motion for Reconsideration of case dismissal by Samuel Kinuthia Gicharu.(York, Steve)
September 8, 2023 Filing 24 Judge Myong J. Joun: ORDER entered. ORDER DISMISSING CASE(PSSA, 3)
September 8, 2023 Filing 23 Judge Myong J. Joun: ORDER entered. MEMORANDUM AND ORDER dismissing action. (PSSA, 3)
August 31, 2023 Filing 22 MOTION for a 9-5-2023 Speedy Trial Under the Supreme Court's Decision in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), and The Federal Tort Claims Act (FTCA) Claims Below, and Blind Respond to Defendants Filing as Defendants Have Not Notified Me by Samuel Kinuthia Gicharu. by Samuel Kinuthia Gicharu. (Attachments: #1 Exhibits) (Warnock, Douglas)
August 29, 2023 Filing 21 MOTION for a 9-5-2023 Speedy Trial Under the Supreme Court's Decision in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), and The Federal Tort Claims Act (FTCA) Claims Below, and Blind Respond to Defendants Filing as Defendants Have Not Notified Me. by Samuel Kinuthia Gicharu. (Attachments: #1 Exhibits)(Warnock, Douglas)
August 28, 2023 Filing 20 Motion for Default Judgment by Samuel Kinuthia Gicharu. (York, Steve)
August 25, 2023 Filing 19 Objection to #1 Petition for Writ of Habeas Corpus (2241) by Antone Moniz . (Attachments: #1 Exhibit A)(Sauter, Mark)
August 25, 2023 Filing 18 RESPONSE/ANSWER to #1 Petition for Writ of Habeas Corpus (2241) Filed in Opposition by Antone Moniz. (Sauter, Mark)
August 23, 2023 Filing 17 'Blind' Response to Court Proceedings/defendants' filings by Samuel Kinuthia Gicharu. (Warnock, Douglas)
August 22, 2023 Filing 16 Mail Returned as Undeliverable as to Samuel Kinuthia Gicharu. (Warnock, Douglas)
August 11, 2023 Filing 15 STATUS REPORT by Antone Moniz. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sauter, Mark)
August 11, 2023 Filing 14 NOTICE of Appearance by Mark Sauter on behalf of Antone Moniz (Sauter, Mark)
August 10, 2023 Filing 13 Judge Myong J. Joun: ELECTRONIC ORDER entered. Counsel for Respondent has informed a deputy clerk that Petitioner was removed the morning of August 3, 2023. In light of this information, the Court orders that, no later than 8/14/23, Respondent file a report re Petitioners removal status. (Warnock, Douglas)
August 7, 2023 Filing 12 MOTION for Stay of Removal re #11 AMENDED PETITION for Writ of Habeas Corpus (2241) by Samuel Kinuthia Gicharu. (Warnock, Douglas)
August 7, 2023 Filing 11 AMENDED PETITION for Writ of Habeas Corpus (2241) (includes Bivens and FTCA claims), filed by Samuel Kinuthia Gicharu. (Attachments: #1 Exhibits) (Warnock, Douglas)
August 7, 2023 Filing 10 MOTION to File Medical Records Physical Injuries Exhibits - Cause by ICE/Defendants; and MOTION to Add My Wife Naomi Wahu Kinuthia As Joinder of Parties - Permissive Joinder of Parties ( Responses due by 8/21/2023) by Samuel Kinuthia Gicharu. (Warnock, Douglas) (Additional attachment(s) added on 8/8/2023: #1 Exhibit 1) (Warnock, Douglas).
August 4, 2023 Filing 9 ELECTRONIC NOTICE of Case Reassignment. Judge Myong J. Joun 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 Paul G. Levenson. (Danieli, Chris)
August 4, 2023 Filing 8 Magistrate Judge Paul G. Levenson: ORDER entered. ORDER REASSIGNING CASE TO DISTICT JUDGE(Dumoulin, Rose)
August 4, 2023 Filing 7 AMENDED PETITION for Writ of Habeas Corpus (2241) (includes Bivens and FTCA claims), filed by Samuel Kinuthia Gicharu.(PSSA, 3)
August 4, 2023 Filing 6 Magistrate Judge Paul G. Levenson: ORDER entered. SERVICE ORDER re 2241 Petition. Antone Moniz shall be substituted as the sole respondent. Response to petition due in 21 days. Parties must indicate within 30 days whether they consent or refuse to consent to the jurisdiction of the Magistrate Judge. Unless otherwise ordered by the Court, the 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.(PSSA, 3)
August 4, 2023 Filing 5 Motion for Stay of Removal re #1 Petition for Writ of Habeas Corpus (2241) filed by Samuel Kinuthia Gicharu (Dumoulin, Rose)
August 4, 2023 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). (PSSA, 3)
August 3, 2023 Filing 3 Filing fee/payment: $ 5.00, receipt number 100004254 for #1 Petition for Writ of Habeas Corpus (2241) (Phillips, Sophie)
August 3, 2023 Filing 2 NOTICE of Case Assignment. Magistrate Judge Paul G. Levenson 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. (Cowan, Nicole)
August 3, 2023 Filing 1 PETITION for Writ of Habeas Corpus (2241), filed by Samuel Kinuthia Gicharu. (Attachments: #1 Exhibit)(Phillips, Sophie)

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Petitioner: Samuel Kinuthia Gicharu
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Respondent: Merrick B. Garland
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Respondent: Joseph D McDonald Jr
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Respondent: Todd M Lyons
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Respondent: Antone Moniz
Represented By: Mark Sauter
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