Tham v. US Immigration and Customs Enforcement, Field Office Director et al
Plaintiff: Etty Tham
Respondent: US Immigration and Customs Enforcement, Field Office Director and Strafford County Department of Corrections, Superintendent
Intervenor: John A. Hawkinson
Case Number: 1:2019cv00037
Filed: January 10, 2019
Court: US District Court for the District of New Hampshire
Presiding Judge: Paul J Barbadoro
Referring Judge: Andrea K Johnstone
2 Judge: Joseph N Laplante
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28 U.S.C. § 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 12, 2019 Opinion or Order ENDORSED ORDER mooting #18 Motion for Leave to File Replies to #15 , #16 filed by John A. Hawkinson. Text of Order: Moot. So Ordered by Judge Joseph N. Laplante.(cmp)
February 8, 2019 Filing 18 MOTION for Leave to File Replies to #15 , #16 filed by John A. Hawkinson. Follow up on Objection on 2/22/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(cmp)
February 8, 2019 Filing 17 JUDGMENT is hereby entered in accordance with Order on Motion to Dismiss. Signed by Tracy A. Uhrin, Chief Deputy Clerk. (Case Closed) (cmp)
February 7, 2019 Opinion or Order ///ENDORSED ORDER granting #13 Motion to Dismiss. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(cmp)
February 7, 2019 Opinion or Order ENDORSED ORDER mooting #8 Motion to Intervene ; mooting #9 Motion of JOHN A. HAWKINSON, PRO SE, FOR AN ORDER TO PERMIT PUBLIC REMOTE ACCESS TO ELECTRONIC COURT FILINGS ; mooting #10 Motion of JOHN A. HAWKINSON, FRO SE, FOR ECF ELECTRONIC FILING ACCESS. Text of Order: Moot. So Ordered by Judge Joseph N. Laplante.(cmp)
February 1, 2019 Filing 16 OBJECTION to #8 MOTION to Intervene as Pro se filed by US Immigration and Customs Enforcement, Field Office Director. Follow up on Reply on 2/8/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Rabuck, Robert)
February 1, 2019 Filing 15 RESPONSE to Motion re #9 MOTION OF JOHN A. HAWKINSON, PRO SE, FOR AN ORDER TO PERMIT PUBLIC REMOTE ACCESS TO ELECTRONIC COURT FILINGS PURSUANT TO FRCP 5.2(c) ("OPEN THE DOCKET") filed by US Immigration and Customs Enforcement, Field Office Director. (Rabuck, Robert)
February 1, 2019 Filing 14 RESPONSE to Motion re #13 MOTION to Dismiss Based on Mootness filed by Etty Tham. (Hahn, William)
January 31, 2019 NOTICE OF CANCELLATION OF HEARING: Special Hearing re: #1 Petition for Writ of Habeas Corpus set for 2/6/2019 at 09:30 AM is hereby CANCELLED subject to re-scheduling to a later date upon request of the parties. (jb)
January 25, 2019 Filing 13 MOTION to Dismiss Based on Mootness filed by US Immigration and Customs Enforcement, Field Office Director. Follow up on Objection on 2/8/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit (Affidavit) A-Declaration of Alan Greenbaum)(Rabuck, Robert)
January 23, 2019 Filing 12 Return of Service Executed as to US Immigration and Customs Enforcement, Field Office Director by Etty Tham. (vln)
January 23, 2019 Filing 11 Respondent Strafford County's ANSWER to Petition for Writ of Habeas Corpus Pursuant to Order of January 11, 2019 (Date Served 01/23/2019) (Per Local Rule 7.4 statement or motion to be filed within sixty days.) filed by Strafford County Department of Corrections, Superintendent. Attorney Thomas P. Velardi added to party Strafford County Department of Corrections, Superintendent(pty:res).Compliance Deadline set for 3/25/2019. (Velardi, Thomas)
January 18, 2019 Filing 10 MOTION OF JOHN A. HAWKINSON, FRO SE, FOR ECF ELECTRONIC FILING ACCESS filed by John A. Hawkinson. Follow up on Objection on 2/1/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(cmp)
January 18, 2019 Filing 9 MOTION OF JOHN A. HAWKINSON, PRO SE, FOR AN ORDER TO PERMIT PUBLIC REMOTE ACCESS TO ELECTRONIC COURT FILINGS PURSUANT TO FRCP 5.2(c) ("OPEN THE DOCKET") filed by John A. Hawkinson. Follow up on Objection on 2/1/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(cmp)
January 18, 2019 Filing 8 MOTION to Intervene as Pro se, for the limited purpose of filing a motion seeking anorder allowing the public to remotely access non-sealed electronic court filings on PACER filed by John A. Hawkinson. Follow up on Objection on 2/1/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(cmp)
January 18, 2019 Opinion or Order Filing 7 SCHEDULING ORDER. Filing and hearing dates, as outlined. So Ordered by Judge Joseph N. Laplante.(cmp)
January 18, 2019 NOTICE of Hearing re: #1 Petition for Writ of Habeas Corpus. Special Hearing set for 2/6/2019 at 09:30 AM before Judge Joseph N. Laplante.(cmp)
January 18, 2019 Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE CONFERENCE (Part II) held on 1/18/2019. Order to issue. (Court Reporter: Brenda Hancock) (Pltfs Atty: William Hahn, Esq.) (Defts Atty: Robert Rabuck, AUSA, David Plourde, AUSA)(Total Hearing Time: 13 minutes) (cmp)
January 18, 2019 NOTICE of Hearing. Telephone Conference set for 1/18/2019 at 02:00 PM before Judge Joseph N. Laplante. The court will initiate the call.(cmp)
January 18, 2019 Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE CONFERENCE (Part I) held on 1/18/2019. TELECONFERENCE TO RECONVENE AT 2PM. (Court Reporter: Brenda Hancock) (Pltfs Atty: William Hahn, Esq.) (Defts Atty: Robert Rabuck, AUSA, David Plourde, AUSA)(Total Hearing Time: 30 minutes) (cmp)
January 17, 2019 RESCHEDULING NOTICE of Hearing before Judge Laplante. Telephone Conference reset for 1/18/2019 at 10:30 AM before Judge Joseph N. Laplante. The court will initiate the call.(cmp)
January 17, 2019 ORAL Notice of ASSENT by US Immigration and Customs Enforcement, Field Office Director as to #5 MOTION for William A. Hahn, Esq. to Appear Pro Hac Vice (cmp)
January 17, 2019 Opinion or Order ENDORSED ORDER granting #5 Motion for William A. Hahn to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. Further Attorney Newman may be excused from court proceedings. So Ordered by Judge Joseph N. Laplante.Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(jb)
January 17, 2019 Opinion or Order ENDORSED ORDER denying without prejudice #3 Motion to Stay All Proceedings Due to Lapse in Appropriations. Text of Order: Denied without prejudice. So Ordered by Judge Joseph N. Laplante.(jb)
January 16, 2019 Filing 6 US Marshal Service of Process re: #2 Order Directing Service served on 1/16/2019 on Christopher Brackett.(vln)
January 16, 2019 Filing 5 MOTION for William A. Hahn, Esq. to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1759189.) filed by Etty Tham. Follow up on Objection on 1/30/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit))(Newman, John)
January 16, 2019 Filing 4 NOTICE of Attorney Appearance by John P. Newman on behalf of Etty Tham Attorney John P. Newman added to party Etty Tham(pty:pet).(Newman, John)
January 16, 2019 Filing 3 MOTION to Stay All Proceedings Due to Lapse in Appropriations filed by US Immigration and Customs Enforcement, Field Office Director. Attorney Robert J. Rabuck added to party US Immigration and Customs Enforcement, Field Office Director (pty:res). Follow up on Objection on 1/30/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Rabuck, Robert)
January 16, 2019 Opinion or Order ENDORSED ORDER Text of Order: After reviewing the file, it appears that this case is related to a recent case involving the same parties that was resolved by Judge Laplante. He has agreed to take the case and it makes sense in the interests of judicial economy that the case should be assigned to him. Accordingly, the clerk shall reassign the case to Judge Laplante. So Ordered by Judge Paul J. Barbadoro.(vln)
January 16, 2019 NOTICE of Hearing re: #1 Petition for Writ of Habeas Corpus. Telephone Conference set for 1/18/2019 10:30 AM before Judge Paul J. Barbadoro. The court will provide call-in information to counsel by email.(vln)
January 16, 2019 Case reassigned to Judge Joseph N. Laplante. The new case designation is: 19-cv-37-JL. Please show this number with the correct judge designation on all further pleadings. (vln)
January 14, 2019 SERVICE BY CLERK: Copies mailed via certified mail, return receipt requested as to US Immigration and Customs Enforcement, Field Office Director; and by US Marshal as to Strafford County Department of Corrections, Superintendent. per #2 Order Directing Service. Copies of Order and Complaint hand-delivered to United States Attorney's Office attn: T. Davide Plourde, Civil Chief.(vln)
January 11, 2019 Opinion or Order Filing 2 ORDER Directing Clerk to Make Service. So Ordered by Magistrate Judge Andrea K. Johnstone.(vln)
January 10, 2019 Filing 1 NEW CASE/PETITION FOR WRIT OF HABEAS CORPUS 2241/2254. (Filing fee $ 5, receipt number 0102-1756406.) filed by Etty Tham. (Attachments: #1 Exhibit Notice of Revocation of Release, #2 Exhibit Notice to Alien of File Custody Review, #3 Exhibit Decision to Continue Detention, #4 Civil Cover Sheet Civil Cover Sheet)(Hahn, William) (Additional attachment(s) added on 1/11/2019: #5 CORRECTED PETITION FOR WRIT OF HABEAS CORPUS 2241/2254) (bt).
January 10, 2019 NOTICE of Filing - Case filed under 28 U.S.C. 2241. A copy of the petition has been electronically sent via ECF to your office. No further action is required by the United States Attorney unless directed by the presiding judge. (mc)
January 10, 2019 NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (mc)
January 10, 2019 Case assigned to Judge Paul J. Barbadoro. The case designation is: 1:19-cv-37-PB. Please show this number with the judge designation on all future pleadings. (mc)

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Respondent: US Immigration and Customs Enforcement, Field Office Director
Represented By: Robert J. Rabuck
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Respondent: Strafford County Department of Corrections, Superintendent
Represented By: Thomas P. Velardi
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Plaintiff: Etty Tham
Represented By: William A. Hahn
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Intervenor: John A. Hawkinson
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