OAKLEY v. BARR et al
| 2:2020cv04169 |
| April 13, 2020 |
| US District Court for the District of New Jersey |
| Newark Office |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
Docket Report
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This docket was last retrieved on April 14, 2020. A more recent docket listing may be available from PACER.
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| Filing 12 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:20-cv-02972. Original file certified copy of transfer order and docket sheet received. |
Filing 11
TRANSFER ORDER. The Clerk of Court is directed to TRANSFER this case forthwith (i.e., without waiting the seven days specified in Local Civil Rule 83.1) to the United States District Court for the District of New Jersey, and to close the case on this Court's docket. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/14/20) (yv)
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Filing 10
ORDER re: #9 Letter filed by Steve Anthony Oakley. In light of Petitioner's letter consenting to transfer, the telephone conference scheduled for this morning is CANCELED. The Court will enter a transfer order shortly. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse)
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| Filing 9 SECOND LETTER addressed to Judge Jesse M. Furman from Justin Rothman dated 4/14/20 re: Consent to Transfer. Document filed by Steve Anthony Oakley..(Gursoy, Umit) |
| Case assigned to Judge Esther Salas. (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.(yv) |
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Filing 8
ORDER with respect to #7 Letter from Petitioner. The Court is well aware of the recent decisions by Judge Nathan and Judge Torres, both of whom - if the Court is not mistaken - had adopted a different view on the venue/jurisdiction issue prior to the COVID-19 pandemic. Given that the Court has considered and rejected Petitioner's argument on at least five occasions (and perhaps more), and reaffirmed its view despite entertaining full briefing on the issue after Judge Nathan adopted her opposing view, the Court is unlikely to be swayed by Petitioner's arguments - the result likely being the same, transfer, but only after a period of delay that increases Petitioner's risks of infection in the event that his Petition has merit. The fact that counsel is not admitted in New Jersey is no basis to reach a different conclusion. All of that said, the Court will discuss these issues with counsel during the telephone conference tomorrow at 11 a.m. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 7 FIRST LETTER addressed to Judge Jesse M. Furman from Justin Rothman dated 4/13/20 re: Venue. Document filed by Steve Anthony Oakley..(Gursoy, Umit) |
| Filing 6 LETTER MOTION to Expedite consideration of the government's objection to jurisdiction/venue in this Court and request to transfer to the District of New Jersey addressed to Judge Jesse M. Furman from AUSA Michael J. Byars dated April 13, 2020. Document filed by William Barr, Thomas Decker, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Chad Wolf. (Attachments: #1 Exhibit Transcript, Thomas v. Decker, No. 19 Civ. 8690 (JMF)).(Byars, Michael) |
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Filing 5
ORDER: For the reasons set forth within, and given the time sensitivity of the issues raised in the Petition, Petitioner shall file a letter by 4:30 p.m. TODAY indicating whether he consents to immediate transfer of this case to the District of New Jersey. If he does so consent, the Court will immediately order transfer to the District of New Jersey to enable Petitioner to be heard on the merits as promptly as possible. In the event that he does consent to transfer, Petitioner shall serve the Petition, all accompanying papers, and this Order electronically on counsel for Respondents by 5 p.m. TODAY and the Court will hold a telephone conference with the parties TOMORROW at 11:00 a.m. To access the conference, counsel should call (888) 363-4749 and use access code 542-1540, followed by the pound (#) key. (Members of the press and public may call the same number, but will not be permitted to speak during the conference.) Counsel should be sure to consult the Courts Emergency Individual Rules and Practices, available on the Court's website, and comply with the rules regarding conferences. All counsel are required to register promptly as filing users on ECF. (Signed by Judge Jesse M. Furman on 4/13/2020) (ab)
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| Filing 4 NOTICE OF APPEARANCE by Michael James Byars on behalf of William Barr, Thomas Decker, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Chad Wolf..(Byars, Michael) |
| Filing 3 CIVIL COVER SHEET filed..(Gursoy, Umit) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Umit Mike Gursoy. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1651hc; Nature of Suit code 463 (Habeas Corpus - Alien Detainee);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:2241; the Nature of Suit code has been modified to 530 (Habeas Corpus (General));. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Umit Mike Gursoy. The party information for the following party/parties has been modified: William Barr, Thomas Decker, Acting Sec. of DHS Chad Wolf. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Umit Mike Gursoy to RE-FILE Document No. #1 Petition for Writ of Habeas Corpus. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Debra C. Freeman 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| Filing 2 NOTICE OF APPEARANCE by Justin E Rothman on behalf of Steve Anthony Oakley..(Rothman, Justin) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-19411345)Document filed by Steve Anthony Oakley. (Attachments: #1 Civil Cover Sheet, #2 Affidavit Meyer Decl. + CV).(Gursoy, Umit) |
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