SINGH v. RUSSO
| GURPREET SINGH |
| Acting Secretary CHAD WOLF, William Barr, MICHAEL M. RUSSO and H.O. THOMAS DECKER |
| 2:2021cv00047 |
| January 4, 2021 |
| US District Court for the District of New Jersey |
| Newark Office |
| Susan D Wigenton |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on August 9, 2021. A more recent docket listing may be available from PACER.
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Filing 24
Letter from AUSA Hajdarpasic Regarding Extension Request. (Attachments: #1 Text of Proposed Order)(HAJDARPASIC, ENES)
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Filing 23
Clerk's Note - Order to Answer and Docket Sheet have been resent to Petitioner GURPREET SINGH. (wh)
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Filing 22
ORDER TO ANSWER; that Respondents Wolf, Decker, and Barr are DISMISSED WITH PREJUDICE from this matter; that the Clerk of the Court shall serve copies of the Petition (ECF No. 2), and this Order, upon Respondent Russo by regular mail; that the Clerk of the Court shall forward a copy of the Petition, and this Order, to Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov; that, within 45 days after the date of entry of this Order, Respondent shall electronically file a full and complete answer to said Petition, which responds to the factual and legal allegations of the Petition paragraph by paragraph;etc. Signed by Judge Susan D. Wigenton on 1/19/2021. (ld, )
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Filing 21
Letter request for assignment of counsel from GURPREET SINGH. (ld, )
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Judge Susan D. Wigenton added. (ps)
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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 1:20-cv-09089. Original file certified copy of transfer order and docket sheet received.
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Filing 19
OPINION AND ORDER. Because Singh was detained at the Bergen County Jail at the time he filed the Petition, this Court lacks jurisdiction over this case. Since the Petition should have been brought in the first instance in the United States District Court for the District of New Jersey, the Court finds that it is in the best interest of justice to transfer this action pursuant to 28 U.S.C. 1406(a). Accordingly, Respondents' motion to transfer the case is GRANTED. The Clerk of the Court is respectfully directed to terminate all pending motions and transfer this case to the United States District Court for the District of New Jersey. To ensure that Singh's habeas petition is heard in the proper forum without undue delay, this Court further finds that the seven-day waiting period in Local Civil Rule 83.1 should be waived, and this case should be promptly transferred. SO ORDERED. re: #9 MOTION to Dismiss for lack of jurisdiction/venue, or in the alternative MOTION to Transfer Case to the District of New Jersey filed by William Barr, Michael M. Russo, Chad Wolf, Thomas Decker. (Signed by Judge John P. Cronan on 1/4/2021) (rjm)
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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)
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Filing 18
REPLY MEMORANDUM OF LAW in Support re: #9 MOTION to Dismiss for lack of jurisdiction/venue, or in the alternative. MOTION to Transfer Case to the District of New Jersey. . Document filed by William Barr, Thomas Decker, Michael M. Russo, Chad Wolf..(Byars, Michael)
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Filing 17
MEMORANDUM OF LAW in Opposition re: #9 MOTION to Dismiss for lack of jurisdiction/venue, or in the alternative. MOTION to Transfer Case to the District of New Jersey. . Document filed by Gurpreet Singh..(Miedel, Florian)
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Filing 16
MEMO ENDORSEMENT on re: #15 Letter Notifying the Court of intent to file brief filed by Gurpreet Singh. ENDORSEMENT : Petitioner may file a memorandum in support of his petition by December 18, 2020. SO ORDERED., ( Replies due by 12/18/2020.) (Signed by Judge John P. Cronan on 12/14/20) (yv)
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Filing 15
LETTER addressed to Judge John P. Cronan from Florian Miedel dated 12-14-2020 re: Notifying the Court of intent to file brief. Document filed by Gurpreet Singh..(Miedel, Florian)
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Filing 14
NOTICE OF APPEARANCE by Florian Miedel on behalf of Gurpreet Singh..(Miedel, Florian)
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Filing 13
ORDER: granting #3 Application to Appoint Counsel pursuant to 18 U.S.C. 3006(A)(g)(Habeas Corpus Petition). For the foregoing reasons, the Clerk of Court is directed to appoint counsel for Petitioner from this District's Habeas Panel.The Clerk of Court is further directed to mail a copy of this Order to Petitioner. SO ORDERED. (Signed by Judge John P. Cronan on 12/08/2020) (ama) Transmission to Docket Assistant Clerk for processing. Transmission to Office of Pro Se Litigation for processing.
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Mailed a copy of #13 Order on Application to Appoint Counsel (Habeas Corpus Case), to Gurpreet Singh, A-059-898-100, E 39296 at 160 South River Street, Hackansack, NJ 07601. (dsh)
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Filing 12
CERTIFICATE OF SERVICE of Notice of Motion, Declaration of Deportation Officer Christopher H. Schultz, and Memorandum of Law, together with copies of unpublished cases cited therein served on Gurpreet Singh on November 30, 2020. Service was made by certified U.S. Mail. Document filed by William Barr, Thomas Decker, Michael M. Russo, Chad Wolf. (Attachments: #1 Exhibit certified U.S. Mail receipt).(Byars, Michael)
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Filing 11
MEMORANDUM OF LAW in Support re: #9 MOTION to Dismiss for lack of jurisdiction/venue, or in the alternative. MOTION to Transfer Case to the District of New Jersey. . Document filed by William Barr, Thomas Decker, Michael M. Russo, Chad Wolf. (Attachments: #1 Exhibit A - Transfer Order, Patzan Chamale v. U.S. DHS, No. 20 Civ. 3517 (PAE) ECF No. 5, #2 Exhibit B - Transcript, Gomez v. Decker, No. 18 Civ. 4009 (KPF), #3 Exhibit C - Transcript, Thomas v. Decker, No. 19 Civ. 8690 (JMF)).(Byars, Michael)
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Filing 10
DECLARATION of Deportation Officer Christopher H. Schultz in Support re: #9 MOTION to Dismiss for lack of jurisdiction/venue, or in the alternative. MOTION to Transfer Case to the District of New Jersey.. Document filed by William Barr, Thomas Decker, Michael M. Russo, Chad Wolf..(Byars, Michael)
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Filing 9
MOTION to Dismiss for lack of jurisdiction/venue, or in the alternative., MOTION to Transfer Case to the District of New Jersey. Document filed by William Barr, Thomas Decker, Michael M. Russo, Chad Wolf..(Byars, Michael)
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Filing 8
NOTICE OF APPEARANCE by Michael James Byars on behalf of William Barr, Thomas Decker, Michael M. Russo, Chad Wolf..(Byars, Michael)
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Filing 7
HABEAS PACKAGE MAILED to Gurpreet Singh A-059-898-100 E 39296 160 South River Street Hackansack, NJ 07601, at, on 11/6/2020 Re: #5 Order to Answer, 28 U.S.C. 2241. 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. (aan)
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Filing 6
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. So ordered. (Signed by Judge John P. Cronan on 11/6/2020) (rjm)
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Filing 5
ORDER TO ANSWER, 28 U.S.C. 2241. The Court, having examined the petition in this action, which 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. Attorneys 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 pleading in response to the petition. Petitioner may file reply papers, if any, within thirty days from the date Petitioner is served with Respondents' answer. SO ORDERED. William Barr answer due on 1/5/2021; Thomas Decker answer due on 1/5/2021; Michael M. Russo answer due on 1/5/2021; Chad Wolf answer due on 1/5/2021. (Signed by Judge John P. Cronan on 11/6/2020) (rjm). Transmission to Pro Se Assistants for processing.
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NOTICE OF CASE REASSIGNMENT to Judge John P. Cronan. Judge Unassigned is no longer assigned to the case..(wb)
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Magistrate Judge Sarah Netburn 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. (wb)
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Filing 3
PETITIONER PRO SE REQUEST FOR ASSIGNING OF COUNSEL. Document filed by Singh Gurpreet..(rdz)
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Case Designated ECF. (rdz)
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