PENG v. BARR et al
| YU LING PENG |
| SCOTT MECHKOWSKI, H.O. THOMAS DECKER, KEVIN MCALEENAN and WILLIAM BARR |
| WARDEN OF HUDSON COUNTY CORRECTIONAL FACILITY |
| 2:2019cv12949 |
| May 28, 2019 |
| US District Court for the District of New Jersey |
| Madeline Cox Arleo |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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Filing 5
ORDER that the Clerk of the Court shall add the Warden of Hudson County Correctional Facility as a Respondent. The Clerk of the Court shall forward a copy of the Petition and this Order to Chief, Civil Division, United States Attorneys Office. Within 45 days after the date of entry of this Order, Respondent shall electronically file a full and complete answer to said Petition. etc. Signed by Judge Madeline Cox Arleo on 6/27/2019. (dam, ) Modified on 7/1/2019 (dam, ).
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| Filing 4 Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address. (jr) |
| Filing 3 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:19-cv-04525. Original file certified copy of transfer order and docket sheet received. |
| Case assigned to Judge Madeline Cox Arleo. (jr) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of New Jersey (cf) |
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Filing 2
ORDER: It is hereby ORDERED that this case is transferred to the U.S. District Court for the District of New Jersey. Because Petitioner is challenging her present physical confinement, this action is a "core" habeas challenge. Accordingly, the proper respondent is the warden of the facility where Petitioner is being held. See id. Jurisdiction is proper not in the Southern District of New York, but in the district of confinement -- the District of New Jersey. The Clerk of Court is respectfully directed to transfer the case to the U.S. District Court for the District of New Jersey. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 5/17/2019) (cf) Transmission to Office of the Clerk of Court for processing.
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| Case Designated ECF. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Adedayo Olumide Idowu re: Document No. #1 Petition for Writ of Habeas Corpus. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Add party United States Department of Homeland Security. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Adedayo Olumide Idowu. The party information for the following party/parties has been modified: Yu ling Peng ; William P. Barr ; Kevin K. McAleenan ; Thomas Decker ; Assistant Field Offi Scott Mechkowski. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted. (dnh) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Adedayo Olumide Idowu. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (dnh) |
| Magistrate Judge Gabriel W. Gorenstein 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: #http://nysd.uscourts.gov/forms.php. (dnh) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-16902729)Document filed by Yu ling Peng.(Idowu, Adedayo) |
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