Monteiro v. Strafford County Department of Corrections, Superintendent
Petitioner: Elsio Monteiro
Respondent: Strafford County Department of Corrections, Superintendent and Immigration and Customs Enforcement, Boston Field Office Director
Case Number: 1:2020cv00952
Filed: September 24, 2020
Court: US District Court for the District of New Hampshire
Presiding Judge: Joseph N Laplante
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 20, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 20, 2020 Opinion or Order ENDORSED ORDER reviewing #13 NOTICE of Removal by Immigration and Customs Enforcement, Boston Field Office Director. Text of Order: Reviewed. So Ordered by Magistrate Judge Andrea K. Johnstone.(jb)
November 18, 2020 Filing 13 NOTICE of Removal by Immigration and Customs Enforcement, Boston Field Office Director.(Ollila, Terry)
November 10, 2020 Opinion or Order ENDORSED ORDER re #12 Notice of Transfer During the Week of November 9, 2020. Text of Order: In light of the Notice of Transfer During the Week of November 9, 2020 (Doc. No. #12 ), the federal respondent is hereby ORDERED to file a report in which he updates the court regarding the status of efforts to remove petitioner on the earliest of: (a) the date on which respondent learns that petitioner's removal will not proceed as presently planned during the week of November 9, 2020; or (b) Monday, November 23, 2020. The court will hold in abeyance further consideration of the federal respondents motion to dismiss (Doc. No. #10 ) until such notice is filed. So Ordered by Magistrate Judge Andrea K. Johnstone.(jb)
November 4, 2020 Filing 12 NOTICE of Notice of Transfer During the Week of November 9, 2020, For Removal During the Week of November 16, 2020 by Immigration and Customs Enforcement, Boston Field Office Director.(Ollila, Terry)
October 27, 2020 Filing 11 Addendum/ to #10 MOTION to Dismiss - Certificate of Service by Immigration and Customs Enforcement, Boston Field Office Director. (Ollila, Terry)
October 26, 2020 Filing 10 MOTION to Dismiss filed by Immigration and Customs Enforcement, Boston Field Office Director.Follow up on Objection on 11/9/2020. 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 Memorandum of Law in Support of Motion to Dismiss, #2 Exhibit Declaration of ICE ERO Alexander Durden)(Ollila, Terry)
October 26, 2020 Opinion or Order ENDORSED ORDER granting #6 Motion to Extend Time to Answer to October 27, 2020 re #1 Petition for Writ of Habeas Corpus - 2241. Text of Order: Granted. So Ordered by Magistrate Judge Andrea K. Johnstone. Answer Follow Up on 10/27/2020. (jb)
October 20, 2020 Filing 7 Respondent Strafford County's ANSWER to Petition for Writ of Habeas Corpus September 29, 2020 (Date Served 09.29.2020) (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 12/21/2020. (Velardi, Thomas)
October 19, 2020 Filing 9 US Marshal Service of Process re: #5 Order Directing Service served on 10/07/2020 on Superintendent Christopher Brackett.(jb)
October 19, 2020 Filing 8 Certified Mail Return Receipt as to Immigration and Customs Enforcement, Boston Field Office Director (jb)
October 13, 2020 Filing 6 MOTION to Extend Time to Answer to October 27, 2020 filed by Immigration and Customs Enforcement, Boston Field Office Director. Attorney Terry L. Ollila added to party Immigration and Customs Enforcement, Boston Field Office Director(pty:res).Follow up on Objection on 10/27/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Ollila, Terry)
October 6, 2020 SERVICE BY CLERK: Copies mailed via certified mail, return receipt requested to Immigration and Customs Enforcement, Boston Field Office Director and Documents delivered to U.S. Attorneys office in hand. Copies to US Marshal for Service to be made on Strafford County Department of Corrections, Superintendent per #5 Order Directing Service.(cmp)
September 29, 2020 Opinion or Order Filing 5 ORDER Directing US Marshal and Clerk's Office to Make Service. So Ordered by Magistrate Judge Andrea K. Johnstone.(cmp)
September 29, 2020 Opinion or Order ENDORSED ORDER denying as moot: #2 Motion to Proceed Without Prepayment of Fees or Costs.. Text of Order: The filing fee in this matter was paid on 9/24/2020. Accordingly, plaintiff's request to proceed without prepayment of fees or costs is denied as moot. So Ordered by Magistrate Judge Daniel J. Lynch. (ed)
September 24, 2020 Filing Fee paid - case converted to a civil case: $ 5 (Credit Card), receipt number 14649019735 Case assigned to Judge Joseph N. Laplante. New case number is 1:20-cv-952-JL. Please show this number with the judge designation on all future pleadings. (ed)
September 15, 2020 Filing 4 NOTICE - Filing Fee Omitted. Either the filing fee or an application to proceed without fees or costs must be submitted within 60 days. If proceeding without prepayment of fees or costs is sought the court needs: Application to Proceed Without Prepayment of Fees or Costs,Certificate of Custodial Institution. Compliance Deadline set for 11/16/2020. (ed)
September 15, 2020 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. (ed)
September 11, 2020 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. (ed)
September 11, 2020 Filing 3 Request for Appointment of Counsel filed by Elsio Monteiro. (ed)
September 11, 2020 Filing 2 MOTION to Proceed Without Prepayment of Fees or Costs with Trust Accounting but without Certificate of Custodial filed by Elsio Monteiro. (ed)
September 11, 2020 Filing 1 Petition for Writ of Habeas Corpus under 28 USC 2241. Date petition received: September 11, 2020 filed by Elsio Monteiro. (Attachments: #1 Envelope) (ed)

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Petitioner: Elsio Monteiro
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Respondent: Strafford County Department of Corrections, Superintendent
Represented By: Thomas P. Velardi
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Respondent: Immigration and Customs Enforcement, Boston Field Office Director
Represented By: Terry L. Ollila
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