Dunbar v. Nielsen et al
| Peter Lee Dunbar |
| Matthew Albence, JOHN TSOUKARIS, KIRSTJEN M. NIELSEN, Jefferson Beauregard Sessions, III and RONALD EDWARDS |
| 2:2020cv00810 |
| January 24, 2020 |
| US District Court for the District of New Jersey |
| Madeline Cox Arleo |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Filing 20 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:19-cv-01151. Original file certified copy of transfer order and docket sheet received. |
| Case Assigned to Judge Madeline Cox Arleo. (ak, ) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of New Jersey. (rjm) |
Filing 19
ORDER granting #11 Motion to Transfer Case; granting #11 Motion to Dismiss for Lack of Jurisdiction. Petitioner Peter Lee Dunbar, who is proceeding pro se, filed a petition for a writ of habeas corpus on February 6, 2019, pursuant to 28 2241. ECF No. 1. On July 26, 2019, Respondents filed a motion to transfer the case to the District of New Jersey. See ECF No. 11. Subsequently, Petitioner indicated that he did not oppose Respondents' motion. See ECF No. 17. After careful consideration, Respondents' motion is hereby GRANTED and it is ORDERED that this case be transferred to the United States District Court for the District of New Jersey. See Rumsfeld v. Padilla, 542 U.S. 426 (2004). (Signed by Judge Andrew L. Carter, Jr on 1/17/2020) Copies Mailed By Chambers. (rj) Transmission to Office of the Clerk of Court for processing.
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| Filing 18 LETTER addressed to Judge Andrew L. Carter, Jr. from Peter Lee Dunbar dated 1/8/2020 re: In respond to the court request Petition is not opposing to the change of venue. Document filed by Peter Lee Dunbar.(vn) |
| Filing 17 LETTER addressed to Judge Andrew L. Carter, Jr. from Peter Lee Dunbar dated January 13, 2020 re: letter not opposing the change of venue. Document filed by Peter Lee Dunbar.(ks) |
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Filing 16
ORDER: The Parties are hereby ORDERED to adhere to the following briefing schedule: Opposition to Motion: January 14, 2020; Reply to Opposition: January 21, 2020. (As further set forth in this Order.) ( Responses due by 1/14/2020, Replies due by 1/21/2020.) (Signed by Judge Andrew L. Carter, Jr on 12/10/2019) (cf)
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| Request for Copies/Transcripts/Docket Sheet Processed: Mailed letter to Peter Lee Dunbar A#205708858 ID#09324883 at Hudson County Correctional Facility 30-35 Hackensack Ave. Kearny, NJ 07032 advising that copy/copies of the Petition for Writ of Habeas Corpus at D.E. #1 requested will be furnished upon receipt of the statutory fee of $15.00 in the form of a company check, certified check or money order payable to the Clerk of the Court, SDNY. (jri) |
| Request for Copy of Document Received: Re #15 Letter. Request for a copy of the Petition for Writ of Habeas Corpus from Peter L. Dunbar received on 8/20/19. Transmission to Records Management for processing. (sc) |
| Filing 15 LETTER from Peter L. Dunbar, dated 8/14/19 re: Petitioner requests a copy of the original Writ of Habeas Corpus Petition which he filed earlier. Document filed by Peter Lee Dunbar.(sc) |
| Filing 14 CERTIFICATE OF SERVICE of Motion served on Peter Lee Dunbar on 7/26/19. Service was made by Mail. Document filed by Matthew Albence, Ronald Edwards, Kirstjen M. Nielsen, Jefferson Beauregard Sessions, III, John Tsoukaris. (Kahane, Joshua) |
| Filing 13 DECLARATION of Deportation Officer Mario A. Garaffa in Support re: #11 MOTION to Transfer Case to the District of New Jersey. MOTION to Dismiss for Lack of Jurisdiction /venue.. Document filed by Matthew Albence, Ronald Edwards, Kirstjen M. Nielsen, Jefferson Beauregard Sessions, III, John Tsoukaris. (Kahane, Joshua) |
| Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION to Transfer Case to the District of New Jersey. MOTION to Dismiss for Lack of Jurisdiction /venue. . Document filed by Matthew Albence, Ronald Edwards, Kirstjen M. Nielsen, Jefferson Beauregard Sessions, III, John Tsoukaris. (Kahane, Joshua) |
| Filing 11 MOTION to Transfer Case to the District of New Jersey., MOTION to Dismiss for Lack of Jurisdiction /venue. Document filed by Matthew Albence, Ronald Edwards, Kirstjen M. Nielsen, Jefferson Beauregard Sessions, III, John Tsoukaris.(Kahane, Joshua) |
| Filing 10 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of Matthew Albence, Ronald Edwards, Kirstjen M. Nielsen, Jefferson Beauregard Sessions, III, John Tsoukaris. (Kahane, Joshua) |
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Filing 9
INFORMATION PACKAGE MAILED to Peter Lee Dunbar A#205708858, ID#09324883, at Hudson County Correctional Facility, 30-35 Hackensack Ave., Kearny, NJ 07032, on 5/30/2019 Re: #8 Order to Answer, 28 U.S.C. 2241 via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (bwa)
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Filing 8
ORDER TO ANSWER, 28 U.S.C. 2241... The Court, having examined the petition in this action, which the petitioner filed pursuant to 28 U.S.C. 2241, hereby ORDERS that: The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued.. Within sixty days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleadings in response to the petition. Petitioner may file reply papers, if any, within thirty days from the date Petitioner is served with Respondent's answer.. (Signed by Judge Andrew L. Carter, Jr on 5/29/2019) (ks)
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| NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Colleen McMahon is no longer assigned to the case. (jc) |
| Magistrate Judge James L. Cott 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. (jc) |
| Mailed a copy of #6 Order Reopening Case, to Peter Lee Dunbar A#205708858 ID#09324883 a.k.a. Peter Lee Dumbar, Hudson County Correctional Facility 30-35 Hackensack Ave. Kearny, NJ 07032. (vba) |
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Filing 6
ORDER. The Court directs the Clerk of Court to mail a copy of this order to Petitioner and note service on the docket. The Court vacates its April 23, 2019 order and judgment. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Colleen McMahon on 5/17/2019) (rjm) Transmission to Docket Assistant Clerk for processing.
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| Filing 5 LETTER addressed to Judge Colleen McMahon from Peter L. Dunbar, dated 5/2/19 re: Petitioner requests that the Court should alter or amend its 4/23/19 decision in the interests of justice; and that the petitioner has attached a $5.00 money order and requests that the Court reconsider its decision pertaining to the finding of abandonment. Document filed by Peter Lee Dunbar.(sc) |
| Pro Se Payment of Fee Processed: $5.00 Check processed by the Finance Department on 5/8/19, Receipt Number 465401235110. (vf) |
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Filing 4
Vacated as per Judge's Order dated 5/20/2019, Doc. #6 CIVIL JUDGMENT. IT IS ORDERED, ADJUDGED, AND DECREED that the petition is denied without prejudice. Because the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue under 28 U.S.C. 2253. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Petitioner and note service on the docket. (Signed by Judge Colleen McMahon on 4/23/2019) (rjm) Transmission to Docket Assistant Clerk for processing. Modified on 5/21/2019 (rjm).
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Filing 3
Vacated as per Judge's Order dated 5/20/2019, Doc. #6 ORDER. By order dated March 8, 2019, the Court directed Petitioner, within thirty days, to submit a completed request to proceed in forma pauperis ("IFP application") or pay the $5.00 fee required to file a petition for a writ of habeas corpus in this Court. On March 26, 2019, the order was returned to the Court with a notation on the envelope indicating that the mail was undeliverable to Petitioner's address of record because of "invalid name, no inmate number." Petitioner has not complied with the Court's order, has failed to notify the Court of a change of mailing address, and has not initiated any further contact with the Court, written or otherwise. Accordingly, the Court denies the petition without prejudice. See 28 U.S.C. 1914, 1915. Because the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Colleen McMahon on 4/23/2019) (rjm) Transmission to Docket Assistant Clerk for processing. Modified on 5/21/2019 (rjm).
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| Mailed a copy of #3 Order, #4 Judgment - Sua Sponte (Petition), Notice of Appeal Forms, to Peter Lee Dunbar 30-35 Hackensack Ave. Kearny, NJ 07032. (vba) |
| Received returned mail re: #2 Order Directing Payment of Fee or IFP Application. Mail was addressed to Peter Lee Dunbar, 30-35 Hackensack Ave., Kearny, NJ 07032 and was returned for the following reason(s): Return to Sender Not Deliverable as Addressed Unable to Forward, Invalid Name, No Inmate Number. (vn) |
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Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Petitioner is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 4/8/2019. In Forma Pauperis (IFP) Application due by 4/8/2019. (Signed by Judge Colleen McMahon on March 8, 2019) (Attachments: #1 IFP Application)(jjg) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (ma) |
| Mailed a copy of #2 Order Directing Payment of Fee or IFP Application, to Peter Lee Dunbar 30-35 Hackensack Ave. Kearny, NJ 07032. (vba) |
| Case Designated ECF. (rdz) |
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