Gonzalez v. Kolitwenzew et al
| Luis H Gonzalez and Carlos Ramos Sanchez |
| Ron Vitiello, Jose L. Zamora, Chad Kolitwenzew, Kevin McAleenan, William Barr and Shawn R. Gillis |
| Edward O. Pearson United States of America and United States of America |
| 5:2019cv00108 |
| October 18, 2019 |
| US District Court for the Southern District of Mississippi |
| David C Bramlette |
| Michael T Parker |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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Filing 42
ORDER granting #38 Motion to Withdraw as Attorney; directing Shawn R. Gillis to file supplemental response on or before 1/8/20. Attorney Nancy Ann Nicholson terminated. Signed by Magistrate Judge Michael T. Parker on December 11, 2019. (MMc)
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Filing 41
Response to Order re #40 ORDER directing Petitioner to respond with the name and address of his custodian. Signed by Magistrate Judge Michael T. Parker on November 22, 2019. (MMc) filed by Luis H Gonzalez (Attachments: #1 Envelope From Hattiesburg, MS, #2 Envelope From Plaintiff)(PG)
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Filing 40
ORDER directing Petitioner to respond with the name and address of his custodian. Signed by Magistrate Judge Michael T. Parker on November 22, 2019. (MMc)
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| Filing 39 NOTICE of Appearance by Jessica N. Bourne-Federal Gov on behalf of United States of America (Bourne-Federal Gov, Jessica) |
| Filing 38 MOTION to Withdraw as Attorney by Chad Kolitwenzew (Attachments: #1 Attachment Notice of Filing, #2 Attachment Proposed Order to Withdraw).(PG) |
| Filing 37 Mail Returned as Return to Sender as to #34 Order. Mail sent to Luis Gonzalez. (PG) |
| Filing 35 NOTICE of Appearance by Marc A. Perez-Federal Gov on behalf of United States of America (Perez-Federal Gov, Marc) |
| Filing 36 Letter from Luis Gonzalez. NEF mailed to plaintiff. (Attachments: #1 Envelope) (PG) (Attachment 1 replaced on 11/5/2019) (PG). |
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Filing 34
ORDER directing Petitioner to respond with the name and address of his custodian. Signed by Magistrate Judge Michael T. Parker on October 31, 2019. (MMc)
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| Filing 33 Letter sent to Nancy Ann Nicholson, Esq. on 10/18/2019 requesting PHV motion, proposed order and fee. (PG) |
| Filing 32 Case transferred in from District of Illinois Central; Case Number 2:19-cv-02192. Original file certified copy of transfer order and docket sheet received. |
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Filing 31
ORDER entered by Judge Colin Stirling Bruce on 10/17/19. Government's Motions to Transfer #25 #30 and Petitioner's Motion to Transfer #28 are GRANTED. The Clerk is DIRECTED to TRANSFER this case to the District Court for the Southern District of Mississippi pursuant to 28 U.S.C. Section 1404(a). Additionally, Petitioner's Motion to Reopen Case #28 is DENIED AS MOOT as this case was never closed. Petitioner's Motion to Proceed in forma pauperis #29 is also DENIED AS MOOT, as Petitioner has already been granted leave to proceed in forma pauperis. The Court will leave Petitioner's remaining Motion to file a traverse #28 for determination by the transferee court. The Clerk is DIRECTED to update Petitioner's mailing address to the one provided in his most recent filing and send a copy of this order to Petitioner's updated address: Carlos Ramos Sanchez, A209413252, Adams County Correctional Center, P.O. Box 1600, Washington, MS 39190. See written Order. (TC, ilcd) [Transferred from Illinois Central on 10/18/2019.]
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| Filing 30 MOTION to Transfer Case and Response to Motion to Proceed In Forma Pauperis by Interested Party United States of America. Responses due by 10/30/2019 (Frooman, Hilary) [Transferred from Illinois Central on 10/18/2019.] |
| Filing 29 MOTION for Leave to Proceed in forma pauperis by Petitioner Luis H Gonzalez. Responses due by 10/30/19. (TC, ilcd) [Transferred from Illinois Central on 10/18/2019.] |
| Filing 28 MOTION TO REOPEN and FOR LEAVE TO FILE THE TRAVERSE INSTANTER AND TO CHANE VENUE by Petitioner Luis H Gonzalez. Responses due by 10/30/19. (Attachments: #1 Proposed Traverse, #2 Envelope) (TC, ilcd) [Transferred from Illinois Central on 10/18/2019.] |
| Filing 27 NOTICE of Change of Address by Luis H Gonzalez (contained in Petition to Proceed in forma Pauperis) from Pulaski County Detention Center to Adams County Detention Center, A209413252, PO Box 1600, Washington, MS 39190. (TC, ilcd) [Transferred from Illinois Central on 10/18/2019.] |
| Filing 26 Mail Returned as Undeliverable, re Mail sent to Luis Gonzalez addressed at Pulaski County Detention Center (9/26/19 Text Order). (TC, ilcd) [Transferred from Illinois Central on 10/18/2019.] |
| Filing 25 STATUS REPORT by United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Frooman, Hilary) [Transferred from Illinois Central on 10/18/2019.] |
| Filing 24 Mail Returned as Undeliverable, re #22 . Mail sent to Luis Gonzalez at Jerome Combs. (Remailed to him at Pulaski County Detention Center, 20 Justice Drive, Ullin, IL 62992.) (TC, ilcd) [Transferred from Illinois Central on 10/18/2019.] |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 9/26/19. The Government filed a Motion to Dismiss #21 on September 10, 2019, indicating that the Petitioner had already been removed from the United States on August 23, 2019. However, nearly a month later, the ICE detainee locator (htts://locator.ice.gov) indicates that Petitioner is still in immigration detention, but has been moved to the Pulaski County Jail, in Ullin, Illinois. Accordingly, the Government's Motion #21 is DENIED. The Government is ORDERED to submit an update with the Court as to the Petitioner's location and its plans for his removal on or before October 1, 2019. Additionally, the Clerk is DIRECTED to update Petitioner's address to: Pulaski County Detention Center, 20 Justice Drive, Ullin, Illinois 62992. (TC, ilcd) [Transferred from Illinois Central on 10/18/2019.]
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| Filing 23 Mail Returned as Undeliverable, re Text Order dated 8/30/2019. Mail sent to Luis Gonzalez (JMB, ilcd) [Transferred from Illinois Central on 10/18/2019.] |
| Filing 22 RULE 12(C) NOTICE entered re #21 MOTION to Dismiss. (TC, ilcd) [Transferred from Illinois Central on 10/18/2019.] |
| Filing 21 MOTION to Dismiss by Interested Party United States of America. Responses due by 9/24/2019 (Attachments: #1 Exhibit 1)(Frooman, Hilary) [Transferred from Illinois Central on 10/18/2019.] |
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TEXT ONLY ORDER REASSIGNING CASE: Effective 9/1/2019 this case is reassigned to Judge Colin Stirling Bruce for further proceedings. Entered by Chief Judge Sara Darrow on 8/30/19. (DK, ilcd) [Transferred from Illinois Central on 10/18/2019.]
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| Filing 20 ACKNOWLEDGEMENT OF SERVICE by Kankakee County State's Attorney acknowledging receipt of #1 PETITION for Writ of Habeas Corpus and #14 .(VH, ilcd) [Transferred from Illinois Central on 10/18/2019.] |
| Filing 19 RESPONSE to Motion re #1 PETITION for Writ of Habeas Corpus filed by Interested Party United States of America. (Attachments: #1 Ex. 1 - Declaration)(Frooman, Hilary) [Transferred from Illinois Central on 10/18/2019.] |
| Filing 18 RESPONSE to Motion re #1 PETITION for Writ of Habeas Corpus filed by Respondent Chad Kolitwenzew. (Nicholson, Nancy) [Transferred from Illinois Central on 10/18/2019.] |
| Filing 17 NOTICE of Appearance of Attorney by Nancy Ann Nicholson on behalf of Chad Kolitwenzew (Nicholson, Nancy) [Transferred from Illinois Central on 10/18/2019.] |
| Filing 15 MOTION to Substitute Attorney, Greggory R. Walters to be replaced by Hilary W. Frooman, by Interested Party United States of America. Responses due by 8/12/2019 (Frooman, Hilary) [Transferred from Illinois Central on 10/18/2019.] |
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ORDER entered by Judge James E. Shadid on 7/29/2019. The United States' Motion to Substitute Attorney #15 is GRANTED. The Clerk is directed to substitute Hilary W. Frooman for Greggory R. Walters as the attorney for the United States in this matter. (VH, ilcd) [Transferred from Illinois Central on 10/18/2019.]
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| Filing 16 ACKNOWLEDGEMENT OF SERVICE by US Attorney acknowledging receipt of #1 PETITION for Writ of Habeas Corpus and #14 Order. (VH, ilcd) [Transferred from Illinois Central on 10/18/2019.] |
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Filing 14
ORDER entered by Judge James E. Shadid on 7/23/2019. IT IS THEREFORE ORDERED: (1) Chad Kolitwenzew is named Respondent in this case. The Clerk of the Court shall serve Respondent and his statutorily-mandated attorney, Kankakee County State's Attorney Jim Rowe, by certified mail pursuant to Federal Rule of Civil Procedure 5(b), with a copy of the Petition and this Order. Respondent is ORDERED to respond within fourteen (14) days to the Petition. Respondent shall include in his response a response to Petitioner's claims that the Jerome Combs Detention Center will not allow him to pay the filing fee from his institutional account, as detailed above. (2)The United States is named Interested Party in this case. The Clerk of the Court shall serve the United States with a copy of the Petition and this Order. The United States is ORDERED to respond within fourteen (14) days to the Petition. (3) Respondent and the United States are DIRECTED to attach those portions of the administrative record that are relevant to Petitioner's claims. (4) Petitioner is ORDERED to file any traverse or reply to the response within fourteen (14) days after service of said response on him. (5) Petitioner shall serve upon Respondent and the United States, or, if appearance has been entered by counsel, upon his attorney, a copy of every further pleading or other document submitted for consideration by the Court. Petitioner shall include with the original paper to be filed with the Clerk of the Court a certificate stating the date that a true and correct copy of any document was mailed to Respondent or his counsel. Any paper received by this Court which has not been filed with the Clerk or which fails to include a certificate of service will be disregarded by the Court. (6) Petitioner must immediately notify the Court of any change in his mailing address. Failure to notify the Court of any change in mailing address will result in dismissal of this matter, with prejudice. (7) William Barr, Kevin McAleenan, Ron Vitiello, and Jose L. Zamora are TERMINATED from this Case. (8) Petitioner's Motions for Appointment of Counsel (Docs. 3 and 9) are DENIED without prejudice. See full written Order.(VH, ilcd) [Transferred from Illinois Central on 10/18/2019.]
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| Filing 13 Case transferred in from District of Illinois Northern; Case Number 1:19-cv-03221. . [Transferred from Illinois Central on 10/18/2019.] |
| Filing 12 TRANSFERRED to the Central District of Illinois the electronic record.(gcy, ) [Transferred from Illinois Central on 10/18/2019.] |
| Filing 11 ENTERED JUDGMENT IN A CIVIL CASE. (gcy, ) [Transferred from Illinois Central on 10/18/2019.] |
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Filing 10
ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, this case is transferred forthwith to the United States District Court for the Central District of Illinois, Urbana, Illinois, for preliminary consideration. The Clerk is instructed to terminate the notice of motion for Docket Entry 3 in CM/ECF and close this case number on this Court's docket.Mailed notice(slb, ) [Transferred from Illinois Central on 10/18/2019.]
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| Filing 9 MOTION by Petitioner Carlos Ramos Sanchez for attorney representation. (Attachments: #1 Notice of Filing) (Envelope not postmarked) (aee, ) [Transferred from Illinois Central on 10/18/2019.] |
| Filing 8 RECEIVED PETITION for writ of habeas corpus under U.S.C. 2241 filed by Carlos Ramos Sanchez against William Barr, Kevin McAleenan, Ron Vitiello, Jose L. Zamora. (Envelope not postmarked) (aee, ) [Transferred from Illinois Central on 10/18/2019.] |
| Filing 7 LETTER from Carlos Ramos Sanchez dated 5/28/2019 (Envelope postmarked 5/30/2019). (las, ) [Transferred from Illinois Central on 10/18/2019.] |
| Filing 6 LETTER from Carlos Ramos Shanchez dated 5/18/19. (Envelope postmarked 5/22/19)(ek, ) [Transferred from Illinois Central on 10/18/2019.] |
| Filing 5 MAILED Acknowledgment Letter regarding new case information to Carlos Ramos Sanchez. (smm, ) [Transferred from Illinois Central on 10/18/2019.] |
| Filing 4 DECLARATION of Luis H. Gonzalez in support of request to proceed in forma pauperis; (Attachment). (smm, ) [Transferred from Illinois Central on 10/18/2019.] |
| Filing 3 MOTION by Petitioner Luis H. Gonzalez for attorney representation. (smm, ) [Transferred from Illinois Central on 10/18/2019.] |
| Filing 2 PRISONER CIVIL Cover Sheet. (smm, ) [Transferred from Illinois Central on 10/18/2019.] |
| Filing 1 PETITION for a Writ of Habeas Corpus under 28 U.S.C. 2241 filed by Luis H. Gonzalez; (Exhibits). (Envelope not postmarked). (smm, ) Modified on 7/22/2019 to change to Petition (VH, ilcd). [Transferred from Illinois Central on 10/18/2019.] |
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