Singh v. Wolf et al
| Inderjeet Singh |
| Matthew Albence, Chad Wolf, William P. Barr, Henry Lucero, Warden Shawn Gillis and Ken Cuccinelli |
| 5:2020cv00159 |
| July 31, 2020 |
| 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 34 Letter sent to Hillary Gaston Walsh on July 31, 2020 requesting PHV motion, proposed order and fee. (VM) |
| Filing 33 **ERROR** Disregard this entry. NOTICE OF ASSIGNMENT. (VM) Modified on 7/31/2020 (VM). |
| Filing 32 Case transferred in from District of Arizona; Case Number 2:20-cv-00411. Original file certified copy of transfer order and docket sheet received. |
| DOCKET ANNOTATION as to #33 : Document filed in error. (KNS) |
Filing 31
ORDER - The Report and Recommendation (Doc. #26 ) is accepted and adopted by the Court. The Motion to Dismiss/Transfer (Doc. #16 ) is granted. Petitioner's Writ of Habeas Corpus (Doc. #1 ) will be transferred to the United States District Court for the Southern District of Mississippi. The Clerk of Court shall terminate this action. Signed by Judge Steven P Logan on 7/30/20. (EJA) [Transferred from Arizona on 7/31/2020.]
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| Filing 30 REPLY TO OBJECTION to #26 Report and Recommendation filed by Matthew Albence, William P Barr, Ken Cuccinelli, Shawn Gillis, Henry Lucero, Chad Wolf. (Staes, William) [Transferred from Arizona on 7/31/2020.] |
| Filing 29 NOTICE re: Supplemental Authority by Matthew Albence, William P Barr, Ken Cuccinelli, Shawn Gillis, Henry Lucero, Chad Wolf . (Staes, William) [Transferred from Arizona on 7/31/2020.] |
| Filing 28 OBJECTION to #26 Report and Recommendation filed by Inderjeet Singh. (Walsh, Hillary) [Transferred from Arizona on 7/31/2020.] |
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Filing 27
ORDER: The reference to the Magistrate Judge is withdrawn as to Petitioner's Renewed Motion for Emergency Stay of Removal #25 and the Motion is granted. Respondents are enjoined from removing Petitioner Inderjeet Singh from the United States pending further order of this Court. The Clerk of Court shall email a copy of this Order to the Immigration TRO Distribution List. Signed by Judge Steven P Logan on 6/3/2020. (LMR) [Transferred from Arizona on 7/31/2020.]
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Filing 26
REPORT AND RECOMMENDATION recommending that the Motion to Dismiss/Transfer (Doc. #16 ) be GRANTED as provided herein. Petitioner's Petition for Writ of Habeas Corpus (Doc. #1 ) be TRANSFERRED to the United States District Court for the Southern District of Mississippi. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court's judgment. See document for complete details. Signed by Magistrate Judge James F Metcalf on 6/3/20. (EJA) [Transferred from Arizona on 7/31/2020.]
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| Filing 25 MOTION to Stay Petitioner's Renewed Emergency Motion to Stay by Inderjeet Singh. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Walsh, Hillary) [Transferred from Arizona on 7/31/2020.] |
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Filing 24
ORDER denying #17 Respondents' Motion for Leave to File Dispositive Motion. Signed by Magistrate Judge James F Metcalf on 6/1/20. (EJA) [Transferred from Arizona on 7/31/2020.]
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| Filing 23 REPLY to Response to Motion re: #16 MOTION to Dismiss for Lack of Jurisdiction filed by Matthew Albence, William P Barr, Ken Cuccinelli, Shawn Gillis, Henry Lucero, Chad Wolf. (Staes, William) [Transferred from Arizona on 7/31/2020.] |
| Filing 22 RESPONSE to Motion re: #16 MOTION to Dismiss for Lack of Jurisdiction Petitioner's Opposition to Respondents' Motion to Dismiss filed by Inderjeet Singh. (Walsh, Hillary) [Transferred from Arizona on 7/31/2020.] |
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Filing 21
ORDER granting #20 Petitioner's Motion to Extend. Petitioner has through May 14, 2020 to respond to the Motion to Dismiss (Doc. #16 ). Signed by Magistrate Judge James F Metcalf on 5/5/20. (EJA) [Transferred from Arizona on 7/31/2020.]
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| Filing 20 MOTION for Extension of Time to file Response to Respondents' Motion to Dismiss under Fed. R. Civ. P. 12(b)(3) by Inderjeet Singh. (Attachments: #1 Text of Proposed Order)(Walsh, Hillary) [Transferred from Arizona on 7/31/2020.] |
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Filing 19
ORDER - Respondents' Motion for Leave to File Dispositive Motion (Doc. #15 ) is GRANTED. Respondents' Motion to Dismiss (Doc. #16 ) is DEEMED PROPERLY FILED. Petitioner has through April 30, 2020 to respond to the Motion to Dismiss (Doc. #16 ). Signed by Magistrate Judge James F Metcalf on 4/16/20. (EJA) [Transferred from Arizona on 7/31/2020.]
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| Filing 18 LODGED Proposed Motion to Dismiss. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Matthew Albence, William P Barr, Ken Cuccinelli, Shawn Gillis, Henry Lucero, Chad Wolf. (Attachments: #1 Exhibit)(Staes, William) [Transferred from Arizona on 7/31/2020.] |
| Filing 17 MOTION for Leave to File File Dispositive Motion by Matthew Albence, William P Barr, Ken Cuccinelli, Shawn Gillis, Henry Lucero, Chad Wolf. (Attachments: #1 Text of Proposed Order)(Staes, William) [Transferred from Arizona on 7/31/2020.] |
| Filing 16 MOTION to Dismiss for Lack of Jurisdiction by Matthew Albence, William P Barr, Ken Cuccinelli, Shawn Gillis, Henry Lucero, Chad Wolf. (Attachments: #1 Exhibit)(Staes, William) [Transferred from Arizona on 7/31/2020.] |
| Filing 15 MOTION for Leave to File File Dispositive Motion by Matthew Albence, William P Barr, Ken Cuccinelli, Shawn Gillis, Henry Lucero, Chad Wolf. (Attachments: #1 Text of Proposed Order)(Staes, William) [Transferred from Arizona on 7/31/2020.] |
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Filing 14
ORDER: Respondents' Motion to Extend #13 is GRANTED. Respondents have through April 15, 2020 to respond to the Petition #1 . Signed by Magistrate Judge James F Metcalf on 4/02/2020. (REK) [Transferred from Arizona on 7/31/2020.]
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| Filing 13 First MOTION for Extension of Time to File Answer re: #1 Petition for Writ of Habeas Corpus (Fed/2241) by Matthew Albence, William P Barr, Ken Cuccinelli, Shawn Gillis, Henry Lucero, Chad Wolf. (Attachments: #1 Text of Proposed Order)(Staes, William) [Transferred from Arizona on 7/31/2020.] |
| Filing 12 SERVICE EXECUTED: Certified Mail Receipt re: Summons, 2241 Petition, and Order upon Shawn Gillis, Warden on Unknown Date. (REK) [Transferred from Arizona on 7/31/2020.] |
| Filing 11 SERVICE EXECUTED: Certified Mail Receipt re: Summons, 2241 Petition, and Order upon Henry Lucero on 3/02/2020. (REK) [Transferred from Arizona on 7/31/2020.] |
| Filing 10 SERVICE EXECUTED: Certified Mail Receipt re: Summons, 2241 Petition, and Order upon U.S. Attorney's Office via Civil Process Clerk on 3/02/2020. (REK) [Transferred from Arizona on 7/31/2020.] |
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Filing 9
ORDER - All motions to amend, motions to supplement, motions to stay, motions for evidentiary hearing, motions to expand the record, and the like, seeking to expand the petition, or the record herein, shall be filed within ten (10) days of the service of Respondents' answer to the Petition. Any copies of filings for Magistrate Judge Metcalf provided pursuant to Local Civil Rule 5.4 shall be forwarded c/o Office of Clerk of Court, U.S. District Court District of Arizona, 401 W. Washington St., Phoenix, AZ 85003. (See document for further details). Signed by Magistrate Judge James F Metcalf on 2/27/2020. (LAD) [Transferred from Arizona on 7/31/2020.]
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| Filing 8 NOTICE OF ATTORNEY APPEARANCE: William C. Staes appearing for Matthew Albence, William P Barr, Ken Cuccinelli, Henry Lucero, Chad Wolf. . (Staes, William) [Transferred from Arizona on 7/31/2020.] |
| Filing 6 Summons Issued as to Chad Wolf, William P Barr, Matthew Albence, Ken Cuccinelli, Henry Lucero, Shawn Gillis and the U.S. Attorney's Office - District of Arizona Attn: Civil Process Clerk (WLP). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. [Transferred from Arizona on 7/31/2020.] |
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Filing 5
ORDER - IT IS ORDERED: (1) Petitioner's Emergency Motion to Stay Removal (Doc. #2 ) is denied without prejudice. (2) The Clerk of Court shall serve: (1) a copy of the Summons, (2) the Petition for Writ of Habeas Corpus (Doc. 1), and (3) this Order upon the United States Attorney for the District of Arizona by certified mail addressed to the civil process clerk at the office of the United States Attorney pursuant to Rule 4(i)(1)(A) of the Federal Rules of Civil Procedure. The Clerk of Court shall also send by certified mail a copy of the Summons, the Petition, and this Order to the United States Attorney General pursuant to Rule 4(i)(1)(B) and to Respondents Wolf, Barr, Albence, Cuccinelli, Lucero, and Gillis pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure. (3) Respondents shall have 30 days from the date of service to answer the Petition for Writ of Habeas Corpus (Doc. #1 ). Respondents shall not file a dispositive motion in place of an answer absent leave of Court. (4) Petitioner shall have 15 days from the filing of Respondents' Answer to the Petition to file a Reply. Failure to file a Reply may be deemed as consent to the denial of the Petition on the grounds presented in Respondents' Answer. (5) If Respondents intend to remove Petitioner from the United States prior to the Court's disposition of this matter, Respondents must file a "Notice of Intent to Remove" with the Clerk of Court and serve a copy on Petitioner at least 10 days prior to the planned removal, so as to allow Petitioner time to file a motion for a stay of removal. (6) Petitioner must file a "Notice of Change in Status" with the Clerk of Court within 5 days of any material change in Petitioner's immigration or custody status. Petitioner may not include a motion for other relief with the Notice. See document for complete details. Signed by Judge Steven P Logan on 2/26/2020. (WLP) [Transferred from Arizona on 7/31/2020.]
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| Filing 4 NOTICE OF ASSIGNMENT (MYE) [Transferred from Arizona on 7/31/2020.] |
| Filing 3 SUMMONS Submitted by Inderjeet Singh. (Walsh, Hillary) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(MYE) [Transferred from Arizona on 7/31/2020.] |
| Filing 2 MOTION to Stay (TRO requested) by Inderjeet Singh. (Walsh, Hillary) (MYE) [Transferred from Arizona on 7/31/2020.] |
| Filing 1 PETITION for Writ of Habeas Corpus (Fed/2241). Filing fee received: $ 5.00, receipt number 0970-17994891 filed by Inderjeet Singh. (Walsh, Hillary) (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(MYE) [Transferred from Arizona on 7/31/2020.] |
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