Atef v. U.S. Citizenship & Immigartion Services et al
| Fifa Abdulelah Atef |
| U.S. Citizenship & Immigartion Services, New York Asylum Office, USCIS, Ur Mendoza Jaddou, Associate Director Ted H. Kim, Associate Director Matthew D. Emrich and Patricia Menges |
| 1:2024cv03000 |
| April 19, 2024 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Other Immigration Actions |
| 28 U.S.C. § 1651 Petition for Writ of Mandamus |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 23, 2024. A more recent docket listing may be available from PACER.
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| Filing 26 Case transferred in from District of New York Southern; Case Number 1:23-cv-08185. Original file certified copy of transfer order and docket sheet received. |
| The case of Atef v. U.S. Citizenship & Immigartion Services et al, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 24-cv-3000. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (SDM) |
SCHEDULING ORDER: The telephone pretrial conference scheduled for May 1, 2024 @ 9:00 AM is canceled. Once an answer is served and filed the Court will then decide whether to schedule a pre-trial conference. Upon receipt of this email counsel shall confirm with each other that this telephone pre-trial conference is canceled. Ordered by Judge Frederic Block on 4/23/2024. (MI)
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Filing 25
STIPULATION AND ORDER TO TRANSFER VENUE: This case shall be transferred, pursuant to 28 U.S.C. 1406(a), to the United States District Court for the Eastern District of New York; The deadline for the defendants to submit their response to the complaint shall be tolled pending the establishment of a new case management schedule by the United States District Court for the Eastern District of New York; This Stipulation and Order contains the entire agreement between the parties, and no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. This case is hereby TRANSFERRED. All conferences are canceled. Any pending deadlines are moot. The Clerk of the Court is directed to transfer this case to the United States District Court for the Eastern District of New York immediately and without regard to Local Rule 83.1, and to close the case. (Signed by Judge Jesse M. Furman on 4/18/2024) (rro) [Transferred from New York Southern on 4/23/2024.]
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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 Eastern District of New York.(rro) [Transferred from New York Southern on 4/23/2024.] |
| Filing 24 PROPOSED STIPULATION AND ORDER. Document filed by Matthew D. Emrich, Ur Mendoza Jaddou, Ted H. Kim, Patricia Menges, New York Asylum Office, USCIS, U.S. Citizenship & Immigartion Services..(Beamer, Monica) [Transferred from New York Southern on 4/23/2024.] |
| Filing 23 LETTER addressed to Judge Jesse M. Furman from Monica M. Beamer dated 4/11/2024 re: Acknowledgement of Pendency of the Case. Document filed by Matthew D. Emrich, Ur Mendoza Jaddou, Ted H. Kim, Patricia Menges, New York Asylum Office, USCIS, U.S. Citizenship & Immigartion Services..(Beamer, Monica) [Transferred from New York Southern on 4/23/2024.] |
| Filing 22 NOTICE OF APPEARANCE by Monica M Beamer on behalf of Matthew D. Emrich, Ur Mendoza Jaddou, Ted H. Kim, Patricia Menges, New York Asylum Office, USCIS, U.S. Citizenship & Immigartion Services..(Beamer, Monica) [Transferred from New York Southern on 4/23/2024.] |
| Filing 21 AFFIDAVIT OF SERVICE of Summons and Complaint/Petition in the Nature of Mandamus,. All Defendants. Service was made by Mail. Document filed by Fifa Abdulelah Atef..(Mackenzie, Charles) [Transferred from New York Southern on 4/23/2024.] |
| Filing 20 AFFIDAVIT OF SERVICE of Summons and Complaint/Petition in the Nature of Mandamus,. All Defendants. Service was made by Mail. Document filed by Fifa Abdulelah Atef..(Mackenzie, Charles) [Transferred from New York Southern on 4/23/2024.] |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to Patricia Menges. (vf) [Transferred from New York Southern on 4/23/2024.] |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Matthew D. Emrich. (vf) [Transferred from New York Southern on 4/23/2024.] |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Ted H. Kim. (vf) [Transferred from New York Southern on 4/23/2024.] |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Ur Mendoza Jaddou. (vf) [Transferred from New York Southern on 4/23/2024.] |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to New York Asylum Office, USCIS. (vf) [Transferred from New York Southern on 4/23/2024.] |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to U.S. Citizenship & Immigration Services. (vf) [Transferred from New York Southern on 4/23/2024.] |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Patricia Menges, re: #4 Complaint/Petition in the Nature of Mandamus,. Document filed by Fifa Abdulelah Atef..(Mackenzie, Charles) [Transferred from New York Southern on 4/23/2024.] |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Matthew D. Emrich, re: #4 Complaint/Petition in the Nature of Mandamus,. Document filed by Fifa Abdulelah Atef..(Mackenzie, Charles) [Transferred from New York Southern on 4/23/2024.] |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Ted H. Kim, re: #4 Complaint/Petition in the Nature of Mandamus,. Document filed by Fifa Abdulelah Atef..(Mackenzie, Charles) [Transferred from New York Southern on 4/23/2024.] |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Ur Mendoza Jaddou, re: #4 Complaint/Petition in the Nature of Mandamus,. Document filed by Fifa Abdulelah Atef..(Mackenzie, Charles) [Transferred from New York Southern on 4/23/2024.] |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to New York Asylum Office, re: #4 Complaint/Petition in the Nature of Mandamus,. Document filed by Fifa Abdulelah Atef..(Mackenzie, Charles) [Transferred from New York Southern on 4/23/2024.] |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Citizenship and Immigration Services (USCIS), re: #4 Complaint/Petition in the Nature of Mandamus,. Document filed by Fifa Abdulelah Atef..(Mackenzie, Charles) [Transferred from New York Southern on 4/23/2024.] |
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on May 1, 2024 at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Additionally, in accordance with Paragraph 3.D of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 5/1/2024 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 9/21/23) (yv) [Transferred from New York Southern on 4/23/2024.]
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Filing 6
ORDER granting #5 Motion for Leave to Proceed In Forma Pauperis filed by Fifa Abdulelah Atef. Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. The Clerk of Court is directed to terminate ECF No. 5.SO ORDERED. (Signed by Judge Jesse M. Furman on 9/21/2023) (vfr) [Transferred from New York Southern on 4/23/2024.]
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| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Charles Rudd Mackenzie. The party information for the following party/parties has been modified: all defendants. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (gp) [Transferred from New York Southern on 4/23/2024.] |
| 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..(gp) [Transferred from New York Southern on 4/23/2024.] |
| Magistrate Judge Valerie Figueredo 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. (gp) [Transferred from New York Southern on 4/23/2024.] |
| Case Designated ECF. (gp) [Transferred from New York Southern on 4/23/2024.] |
| Filing 5 MOTION for Leave to Proceed In Forma Pauperis . Document filed by Fifa Abdulelah Atef..(Mackenzie, Charles) [Transferred from New York Southern on 4/23/2024.] |
| Filing 4 FIRST COMPLAINT IN THE NATURE OF MANDAMUS against Matthew D. Emrich, Ur Mendoza Jaddou, Ted H. Kim, Patricia Menges, New York Asylum Office, USCIS, U.S. Citizenship & Immigartion Services.Document filed by Fifa Abdulelah Atef. (Attachments: #1 Exhibit 1).(Mackenzie, Charles) [Transferred from New York Southern on 4/23/2024.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Charles Rudd Mackenzie to RE-FILE Document No. #1 Complaint/Petition in the Nature of Mandamus,. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type Complaint/Petition in the Nature of Mandamus found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) [Transferred from New York Southern on 4/23/2024.] |
| ***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Charles Rudd Mackenzie. Civil Case Opening Fee of Due: for #1 Complaint/Petition in the Nature of Mandamus,. The Court name was not selected on the PDF for the Request to Proceed in Forma Pauperis. The filing fee due was not paid; either in whole or in part. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 9/25/2023..(jgo) [Transferred from New York Southern on 4/23/2024.] |
| Filing 3 FILING ERROR - PDF ERROR - REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Fifa Abdulelah Atef..(Mackenzie, Charles) Modified on 9/18/2023 (jgo). [Transferred from New York Southern on 4/23/2024.] |
| Filing 2 CIVIL COVER SHEET filed..(Mackenzie, Charles) [Transferred from New York Southern on 4/23/2024.] |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT IN THE NATURE OF MANDAMUS against All Defendants.Document filed by Fifa Abdulelah Atef. (Attachments: #1 Exhibit 1).(Mackenzie, Charles) Modified on 9/18/2023 (jgo). [Transferred from New York Southern on 4/23/2024.] |
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