Beswick et al v. Barr et al
Petitioner: Dirkis Castrillo-Castrillo, Olvin Geovany Rodriguez, Yoscal Mogena-Jimenez and Steve Beswick
Respondent: Chad Wolf, Immigrations & Customs Enforcement, U.S. Department of Homeland Security, Thomas Decker, William Barr, William P. Joyce and Warden Shawn Gillis
Case Number: 5:2020cv00098
Filed: April 6, 2020
Court: US District Court for the Southern District of Mississippi
Presiding Judge: David C Bramlette
Referring Judge: Michael T Parker
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28:2241
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
May 18, 2020 Filing 32 REPORT AND RECOMMENDATIONS re #1 Petition for Writ of Habeas Corpus filed by Steve Beswick. Objections to R&R due by 6/1/2020. Signed by Magistrate Judge Michael T. Parker on May 18, 2020. (MMc)
May 11, 2020 Filing 31 Letter from Nyoka Mighty. (Attachments: #1 Attachment - Supporting Documents, #2 Envelope) (LAT)
May 6, 2020 Filing 30 SUPPLEMENTAL Response in Opposition re #14 PETITIONERS' APPLICATION FOR ORDER TO SHOW CAUSE AND PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER.(kgo) (kgo). [Transferred from New York Southern on 4/6/2020.] filed by Shawn Gillis (Attachments: #1 Attachment 1 - Spino Declaration)(Case-Federal Gov, Jennifer)
May 6, 2020 Filing 29 SUPPLEMENTAL RESPONSE to #1 Petition for Writ of Habeas Corpus, by Shawn Gillis. (Attachments: #1 Attachment 1 - Spino Declaration)(Case-Federal Gov, Jennifer)
May 5, 2020 Opinion or Order Filing 28 ORDER denying Petitioner's Application for Pro Bono Counsel #3 . Signed by Magistrate Judge Michael T. Parker on May 5, 2020. (MMc)
May 5, 2020 Opinion or Order TEXT ONLY ORDER granting #27 Motion to Supplement Shawn Gillis' Responses #20 and #21 . Respondent shall file his supplementation on or before 5/6/2020. No further written order shall issue. Signed by Magistrate Judge Michael T. Parker on May 5, 2020. (MMc)
May 5, 2020 Filing 27 MOTION to Supplement Respondent's Responses re #20 Response to Habeas Petition, #21 Response in Opposition, by Shawn Gillis (Attachments: #1 Attachment 1 - Spino Declaration)(Case-Federal Gov, Jennifer)
May 5, 2020 Opinion or Order Filing 26 ORDER denying as improperly filed #24 Motion for Immediate Release and Extension to File Reply. On its own, the Court grants Petitioner an extension of time to file his reply. Reply due on or before 5/12/2020. Signed by Magistrate Judge Michael T. Parker on May 5, 2020. (MMc)
May 4, 2020 DOCKET ANNOTATION as to Doc #24 and #25 Attachments 2 Declarations appear to be duplicates of Doc 22 and 23 Affidavit (Declarations of Janice Hoseine and Dena Fisher). (PG)
May 4, 2020 Filing 25 MEMORANDUM in Support re #24 Emergency MOTION for Immediate Release and for Extension of Time to File Reply to #21 Response in Opposition, filed by Steve Beswick. (Attachments: #1 Cover Letter, #2 Attachment Declaration of Janice Hoseine and Dena Fisher, #3 Envelope)(PG)
May 4, 2020 Filing 24 Emergency MOTION for Immediate Release and for Extension of Time to File Reply to #21 Response in Opposition, by Steve Beswick. (Attachments: #1 Cover Letter, #2 Attachment Declaration of Janice Hoseine and Dena Fisher, #3 Envelope)(PG)
April 30, 2020 Filing 23 AFFIDAVIT (Declaration re Steve Beswick by Dena Fisher) re Text Only Order. (PG)
April 30, 2020 Filing 22 AFFIDAVIT (Declaration re Steve Beswick by Janice Hoseine) re Text Only Order. (PG)
April 30, 2020 Opinion or Order TEXT ONLY ORDER regarding receipt of declarations from non parties. The court has received declarations from Dena Fisher and Janice Hoseine in this matter, apparently in support of the petitioner. As the court has reviewed the declarations, the clerk of court is directed to file them of record in order that all parties will have notice of them and an opportunity to respond or object to them if they desire to do so. The filing of these declarations is not necessarily an indication that the court will consider the statements in them or that they will be afforded any particular weight. As the petitioner does not receive documents electronically, the clerk of court shall mail him a copy of the declarations along with a copy of this text order. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on April 30, 2020 (KPM)
April 22, 2020 Filing 21 Response in Opposition re #14 PETITIONERS' APPLICATION FOR ORDER TO SHOW CAUSE AND PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER.(kgo) (kgo). [Transferred from New York Southern on 4/6/2020.] filed by Shawn Gillis (Attachments: #1 Attachment 1 - Robert Hagan Declaration (Immigration), #2 Attachment 2 - Robert Hagan Declaration (ACDC))(Case-Federal Gov, Jennifer)
April 22, 2020 Filing 20 RESPONSE to #1 Petition for Writ of Habeas Corpus, by Shawn Gillis. (Attachments: #1 Attachment 1 - Robert Hagan Declaration (Immigration), #2 Attachment 2 - Robert Hagan Declaration (ACDC))(Case-Federal Gov, Jennifer)
April 21, 2020 Filing 19 NOTICE of Appearance by Jennifer Case-Federal Gov on behalf of Shawn Gillis (Case-Federal Gov, Jennifer)
April 16, 2020 Opinion or Order Filing 18 ORDER substituting Warden Shawn Gillis as Respondent and removing William Barr, Thomas Decker, William P. Joyce, Chad Wolf, Immigration & Customs Enforcement, and U.S. Department of Homeland Security as Respondents. Signed by Magistrate Judge Michael T. Parker on April 16, 2020. (MMc)
April 15, 2020 Opinion or Order Filing 17 ORDER setting briefing scheduling regarding Petition #1 and Motion for Injunction and Temporary Restraining Order #14 . Signed by Magistrate Judge Michael T. Parker on April 15, 2020. (MMc)
April 6, 2020 Filing 16 Case transferred in from District of New York Southern; Case Number 1:20-cv-02765. Original file certified copy of transfer order and docket sheet received.
April 6, 2020 PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Yoscal Mogena-Jimenez only, from the U.S.D.C. Southern District of New York to the United States District Court - District of New Jersey.(tro) [Transferred from New York Southern on 4/6/2020.]
April 6, 2020 PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Geovany Rodriguez only, from the U.S.D.C. Southern District of New York to the United States District Court - Western District of New York.(tro) [Transferred from New York Southern on 4/6/2020.]
April 6, 2020 PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Dirkis Castrillo-Castrillo only, from the U.S.D.C. Southern District of New York to the United States District Court - District of New Jersey.(tro) [Transferred from New York Southern on 4/6/2020.]
April 6, 2020 PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Steve Beswick only, from the U.S.D.C. Southern District of New York to the United States District Court - Southern District of Mississippi.(tro) [Transferred from New York Southern on 4/6/2020.]
April 6, 2020 Opinion or Order Filing 15 ORDER granting #13 Letter Motion to Expedite. IT IS HEREBY ORDERED that Petitioners' writ of habeas corpus is severed and the Clerk of Court is respectfully directed to transfer the cases to the following districts: Petitioner Beswick's case to the Southern District of Mississippi; Petitioner Castrillo to the District of New Jersey; Petitioner Rodriguez to the Western District of New York;Petitioner Mogena-Jimenez to the District of New Jersey. Given the significant liberty interests at stake, the time-sensitivity of Petitioners' claims, and the risks to Petitioners' health posed by the rapid spread of COVID-19, the Court waives the seven-day waiting period customarily afforded under Local Civil Rule 83.1 and directs the Clerk to effectuate the transfer as soon as possible. The Clerk of Court is also directed to note on the docket that this Order has been mailed to Petitioners by Chambers. (Signed by Judge Valerie E. Caproni on 4/6/2020) Copies Mailed By Chambers. (tro) Modified on 4/6/2020 (tro). [Transferred from New York Southern on 4/6/2020.]
April 6, 2020 Filing 14 PETITIONERS' APPLICATION FOR ORDER TO SHOW CAUSE AND PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER.(kgo) (kgo). [Transferred from New York Southern on 4/6/2020.]
April 6, 2020 Filing 13 LETTER MOTION to Expedite consideration of severing this action and transferring each petitioner's claims to their respective districts of confinement addressed to Judge Valerie E. Caproni from AUSA Michael J. Byars dated April 6, 2020. Document filed by William Barr, Thomas Decker, Immigrations & Customs Enforcement, William P. Joyce, U.S. Department of Homeland Security, Chad Wolf..(Byars, Michael) [Transferred from New York Southern on 4/6/2020.]
April 6, 2020 Filing 12 NOTICE OF APPEARANCE by Michael James Byars on behalf of William Barr, Thomas Decker, Immigrations & Customs Enforcement, William P. Joyce, U.S. Department of Homeland Security, Chad Wolf..(Byars, Michael) [Transferred from New York Southern on 4/6/2020.]
April 2, 2020 Filing 10 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Yoscal Mogena-Jimenez. (sac) [Transferred from New York Southern on 4/6/2020.]
April 2, 2020 Filing 9 APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Yoscal Mogena-Jimenez. (sac) [Transferred from New York Southern on 4/6/2020.]
April 2, 2020 Filing 8 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Olvin Geovany Rodriguez. (sac) [Transferred from New York Southern on 4/6/2020.]
April 2, 2020 Filing 7 APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Olvin Geovany Rodriguez. (sac) [Transferred from New York Southern on 4/6/2020.]
April 2, 2020 Filing 6 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Dirkis Castrillo-Castrillo. (sac) [Transferred from New York Southern on 4/6/2020.]
April 2, 2020 Filing 5 APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Dirkis Castrillo-Castrillo. (sac) [Transferred from New York Southern on 4/6/2020.]
April 2, 2020 Filing 4 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Steve Beswick. (sac) [Transferred from New York Southern on 4/6/2020.]
April 2, 2020 Filing 3 APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Steve Beswick. (sac) [Transferred from New York Southern on 4/6/2020.]
April 2, 2020 Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sac) [Transferred from New York Southern on 4/6/2020.]
April 2, 2020 Case Designated ECF. (sac) [Transferred from New York Southern on 4/6/2020.]
April 2, 2020 Filing 2 CIVIL COVER SHEET filed. (sac) [Transferred from New York Southern on 4/6/2020.]
April 2, 2020 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $5.00 Paid). Document filed by Olvin Geovany Rodriguez, Dirkis Castrillo-Castrillo, Steve Beswick, Yoscal Mogena-Jimenez. (sac) [Transferred from New York Southern on 4/6/2020.]

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Respondent: Chad Wolf
Represented By: Michael James Byars
Represented By: Michael James Byars-Federal Gov
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Respondent: Immigrations & Customs Enforcement
Represented By: Michael James Byars
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Respondent: U.S. Department of Homeland Security
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Respondent: Thomas Decker
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Respondent: William Barr
Represented By: Michael James Byars
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Respondent: William P. Joyce
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Respondent: Warden Shawn Gillis
Represented By: Jennifer Case-Federal Gov
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Petitioner: Dirkis Castrillo-Castrillo
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Petitioner: Olvin Geovany Rodriguez
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Petitioner: Yoscal Mogena-Jimenez
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Petitioner: Steve Beswick
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