Kumar v. Wolf et al
| Sachin Kumar |
| Matthew Albence, Stanley Crockett, Chad Wolf, William P. Barr, Henry Lucero, Warden Shawn Gillis and Ken Cuccinelli |
| 5:2020cv00178 |
| September 14, 2020 |
| US District Court for the Southern District of Mississippi |
| Michael T Parker |
| Keith Starrett |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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Filing 37
ORDER granting #34 Motion to Withdraw as Attorney. Signed by Magistrate Judge Michael T. Parker on November 10, 2020. (AS)
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| Filing 36 NOTICE (Proof of Service of Court's Order) re #35 Order, filed by Hillary Walsh. (PG) |
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Filing 35
ORDER re #34 MOTION to Withdraw as Attorney. Signed by Magistrate Judge Michael T. Parker on October 5, 2020. (AS)
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| Filing 34 MOTION to Withdraw Representation as Attorney, filed by Hillary Walsh. (Attachments: #1 Envelope)(PG) |
| Filing 33 NOTICE of Appearance by Robert Gregg Mayer-Federal Gov, Jr on behalf of Shawn Gillis (Mayer-Federal Gov, Robert) |
| Filing 32 Letter sent to Hillary Gaston Walsh, Esq. on 9/15/2020 requesting PHV motion, proposed order and fee. (PG) |
| Filing 31 Case transferred in from District of Arizona; Case Number 2:20-cv-00814. Original file certified copy of transfer order and docket sheet received. |
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Filing 30
ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS ORDERED:1. That the Report and Recommendation (Doc. #27 ) is accepted and adopted by the Court; 2. That Petitioner's Objections (Doc. #28 ) are overruled; 3. That the Motion to Dismiss/Transfer (Doc. #20 ) is granted; 4. That Petitioner's Writ of Habeas Corpus (Doc. #1 ) will be transferred to the United States District Court for the Southern District of Mississippi; and 5. That the Clerk of Court shall terminate this action. (See document for complete details). Signed by Judge Steven P Logan on 9/11/20. (SLQ) [Transferred from Arizona on 9/14/2020.]
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| Filing 29 REPLY TO OBJECTION to #27 Report and Recommendation filed by Matthew Albence, William P Barr, Stanley Crockett, Ken Cuccinelli, Shawn Gillis, Henry Lucero, Chad Wolf. (Piensook, Kwan) [Transferred from Arizona on 9/14/2020.] |
| Filing 28 OBJECTION to #27 Report and Recommendation filed by Sachin Kumar. (Walsh, Hillary) [Transferred from Arizona on 9/14/2020.] |
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Filing 27
REPORT AND RECOMMENDATION that the Court grant Respondents' Motion to Dismiss (Doc. #20 ). IT IS FURTHER RECOMMENDED that the Petition (Doc. #1 ) be dismissed without prejudice. This Report and Recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Fed. R. App. P. 4(a)(1) should not be filed until entry of the District Courts judgment. The parties shall have fourteen days from the date of service of a copy of this Report and Recommendation within which to file specific written objections with the Court. See document for complete details. Signed by Magistrate Judge Eileen S Willett on 8/17/2020. (WLP) [Transferred from Arizona on 9/14/2020.]
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Filing 26
ORDER - IT IS ORDERED granting Respondents' "Motion to Strike Sur-Reply (Doc. #24 )" (Doc. #25 ). IT IS FURTHER ORDERED directing the Clerk of Court to strike Petitioner's Sur-Reply (Doc. #24 ). Signed by Magistrate Judge Eileen S Willett on 8/17/2020. (WLP) [Transferred from Arizona on 9/14/2020.]
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| Filing 25 MOTION to Strike #24 Reply by Matthew Albence, William P Barr, Stanley Crockett, Ken Cuccinelli, Henry Lucero, Chad Wolf. (Attachments: #1 Text of Proposed Order)(Piensook, Kwan) [Transferred from Arizona on 9/14/2020.] |
| Filing 24 *STRICKEN pursuant to #26 -- REPLY re: #23 Reply to Response to Motion Petitioner's Surreply to Respondents' Reply in Support of Motion to Dismiss under Fed. R. Civ. P. 12(b)(3) by Petitioner Sachin Kumar. (Walsh, Hillary) *Modified text on 8/17/2020 (WLP). [Transferred from Arizona on 9/14/2020.] |
| Filing 23 REPLY to Response to Motion re: #20 MOTION to Dismiss Case MOTION to Change Venue/Transfer Case to United States District Court for the Southern District of Mississippi filed by Matthew Albence, William P Barr, Stanley Crockett, Ken Cuccinelli, Henry Lucero, Chad Wolf. (Attachments: #1 Exhibit A)(Piensook, Kwan) [Transferred from Arizona on 9/14/2020.] |
| Filing 22 RESPONSE in Opposition re: #20 MOTION to Dismiss Case MOTION to Change Venue/Transfer Case to United States District Court for the Southern District of Mississippi filed by Sachin Kumar. (Walsh, Hillary) [Transferred from Arizona on 9/14/2020.] |
| Filing 21 NOTICE re: Supplemental Authority by Matthew Albence, William P Barr, Stanley Crockett, Ken Cuccinelli, Henry Lucero, Chad Wolf . (Piensook, Kwan) [Transferred from Arizona on 9/14/2020.] |
| Filing 20 MOTION to Dismiss Case, or, alternatively, MOTION to Change Venue/Transfer Case to United States District Court for the Southern District of Mississippi by Matthew Albence, William P Barr, Stanley Crockett, Ken Cuccinelli, Henry Lucero, Chad Wolf. (Attachments: #1 Exhibit A: Benavidez Declaration)(WLP) [Transferred from Arizona on 9/14/2020.] |
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Filing 19
ORDER - IT IS ORDERED granting Respondents' Motion (Doc. #17 ). The Clerk of Court is directed to file Respondents' lodged Motion to Dismiss. Signed by Magistrate Judge Eileen S Willett on 6/24/2020. (WLP) [Transferred from Arizona on 9/14/2020.]
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| Filing 18 *Filed at #20 pursuant to #19 - LODGED Proposed Motion to Dismiss under Fed. R. Civ. P. 12(b)(3) re: #17 MOTION for Leave to File Dispositive Motion . 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, Stanley Crockett, Ken Cuccinelli, Henry Lucero, Chad Wolf. (Attachments: #1 Exhibit A: Benavidez Declaration)(Piensook, Kwan) *Modified on 6/24/2020 (WLP). [Transferred from Arizona on 9/14/2020.] |
| Filing 17 MOTION for Leave to File Dispositive Motion by Matthew Albence, William P Barr, Stanley Crockett, Ken Cuccinelli, Henry Lucero, Chad Wolf. (Attachments: #1 Text of Proposed Order)(Piensook, Kwan) [Transferred from Arizona on 9/14/2020.] |
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Filing 16
ORDER: The reference to the Magistrate Judge is withdrawn as to Petitioner's Renewed Motion for Emergency Stay of Removal #15 and the Motion is granted. Respondents are enjoined from removing Petitioner Sachin Kumar 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. See order for additional details. Signed by Judge Steven P Logan on 6/2/2020. (LMR) [Transferred from Arizona on 9/14/2020.]
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| Filing 15 MOTION to Stay Renewed Emergency Motion to Stay by Sachin Kumar. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Walsh, Hillary) [Transferred from Arizona on 9/14/2020.] |
| Filing 14 NOTICE re: Status Update by Matthew Albence, William P Barr, Stanley Crockett, Ken Cuccinelli, Henry Lucero, Chad Wolf . (Piensook, Kwan) [Transferred from Arizona on 9/14/2020.] |
| Filing 13 SERVICE EXECUTED : Certified Mail Receipt re: Summons/Petition/Motion/Order upon US Attorney's Office for the District of Arizona on (no signature or delivery date on card, USPS tracking information indicates it was forwarded to another location per forwarding instructions on May 1, 2020). (WLP) [Transferred from Arizona on 9/14/2020.] |
| Filing 12 SERVICE EXECUTED: Certified Mail Receipt re: Summons/Petition/Motion/Order upon Ken Cuccinelli (no signature or delivery date). (SST) [Transferred from Arizona on 9/14/2020.] |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE: Kwan Piensook appearing for Matthew Albence, William P Barr, Stanley Crockett, Ken Cuccinelli, Henry Lucero, Chad Wolf. **LIMITED/SPECIAL APPEARANCE - SERVICE REQUIREMENTS NOT WAIVED**. (Piensook, Kwan) [Transferred from Arizona on 9/14/2020.] |
| Filing 10 SERVICE EXECUTED : Certified Mail Receipt re: Summons/Petition/Motion/Order upon William Barr, U.S. Attorney General on 5/6/2020. (CLB) [Transferred from Arizona on 9/14/2020.] |
| Filing 9 SERVICE EXECUTED: Certified Mail Receipt re: Summons/Petition/Motion/Order upon Shawn Gillis. (SST) [Transferred from Arizona on 9/14/2020.] |
| Filing 8 SERVICE EXECUTED: Certified Mail Receipt re: Summons/Petition/Motion/Order upon Henry Lucero on 5/1/20. (SST) [Transferred from Arizona on 9/14/2020.] |
| Filing 6 Summons Issued as to Chad Wolf, Attorney General William P Barr, Matthew Albence, Ken Cuccinelli, Henry Lucero, Stanley Crockett, Shawn Gillis, and the U.S. Attorney - District of Arizona - Attn: Civil Process Clerk. (Attachments: #1 Summons)(WLP) [Transferred from Arizona on 9/14/2020.] |
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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 (Doc. #1 ), (3) the Emergency Motion to Stay Removal (Doc. #2 ), and (4) 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, the Emergency Motion to Stay Removal, and this Order to the United States Attorney General pursuant to Rule 4(i)(1)(B) and to Respondents Wolf, Barr, Albence, Cuccinelli, Lucero, Crockett, 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 (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) 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. (6) This matter is referred to Magistrate Judge Eileen S. Willett pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report and recommendation. See document for complete details. Signed by Judge Steven P Logan on 4/29/2020. (WLP) [Transferred from Arizona on 9/14/2020.]
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| Filing 4 NOTICE OF ASSIGNMENT (MCO) [Transferred from Arizona on 9/14/2020.] |
| Filing 3 SUMMONS Submitted by Sachin Kumar. (Walsh, Hillary) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons)(MCO) [Transferred from Arizona on 9/14/2020.] |
| Filing 2 MOTION for Temporary Restraining Order by Sachin Kumar. (Walsh, Hillary) (MCO) [Transferred from Arizona on 9/14/2020.] |
| Filing 1 PETITION for Writ of Habeas Corpus (Fed/2241). Filing fee received: $ 5.00, receipt number 0970-18222613 filed by Sachin Kumar. (Walsh, Hillary) (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(MCO) [Transferred from Arizona on 9/14/2020.] |
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