Traore v. Decker et al
| Yacouba Traore |
| Jefferson Beauregard Sessions, III, Secretary of the U.S Kirstjen Nielsen, Thomas R. Decker, Attorney General Jefferson B. Sessions and Director Thomas R. Decker |
| 1:2018cv07909 |
| August 29, 2018 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 fd |
| None |
Docket Report
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This docket was last retrieved on September 21, 2018. A more recent docket listing may be available from PACER.
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| Filing 11 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 9/6/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 10 TRANSCRIPT of Proceedings re: argument held on 9/6/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/12/2018. Redacted Transcript Deadline set for 10/22/2018. Release of Transcript Restriction set for 12/20/2018.(McGuirk, Kelly) |
| Received e-mail from the United States District Court - District of New Jersey acknowledging receipt of transferred case. Assigned Case Number: 2:18-cv-13879, filed on 09/13/2018. (sjo) |
Filing 9
TRANSFER ORDER: For the reasons discussed on the record at the conference held on September 6, 2018, and in the parties' joint letter of September 12, 2018 (Docket No. 8), this case is hereby transferred to the United States District Court for the District of New Jersey based on a lack of jurisdiction or venue in this District. Further, the Court declines Petitioner's invitation to certify the case for interlocutory appeal pursuant to Title 28, United States Code, Section 1292(b). Although the Court agrees with Petitioner that the question of whether jurisdiction or venue is proper in this District is worthy of Circuit review, interlocutory appeal would merely cause unnecessary delay given that Petitioner can fully litigate the merits of his habeas petition in the District of New Jersey. Thus, certification would not "materially advanc[ing] the ultimate termination of the litigation," as required by the plain language of the statute. 28 U.S.C. 1292(b). The Clerk of Court is directed to transfer this action to the District of New Jersey forthwith that is, immediately and notwithstanding Local Rule 83.1 and then to close the case in this Court. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/13/2018) (ne)
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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 District of New Jersey (ne) |
| Filing 8 LETTER addressed to Judge Jesse M. Furman from AUSA Michael J. Byars dated September 12, 2018 re: response to the Court's request for the parties' views regarding how to proceed. Document filed by Thomas R. Decker, Kirstjen Nielsen, Jefferson B. Sessions.(Byars, Michael) |
| Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 9/6/2018. Craig Relles present for Plaintiff. AUSA Michael Byars present for Defendant. Court reporter present. (ab) |
| Filing 7 LETTER addressed to Judge Jesse M. Furman from AUSA Michael J. Byars dated September 6, 2018 re: correction to government's portion of September 4 joint letter (ECF No. 6). Document filed by Thomas R. Decker, Kirstjen Nielsen, Jefferson B. Sessions.(Byars, Michael) |
| Filing 6 JOINT LETTER addressed to Judge Jesse M. Furman from AUSA Michael J. Byars dated September 4, 2018 re: parties' combined response to Notice of Conference (ECF No. 3). Document filed by Thomas R. Decker, Kirstjen Nielsen, Jefferson B. Sessions.(Byars, Michael) |
| Filing 5 CERTIFICATE OF SERVICE of Petition for Writ of Habeas Corpus served on U.S Attorney for the SDNY on 08/30/2018. Service was accepted by Hadjun Li. Document filed by Yacouba Traore. (Relles, Craig) |
| Filing 4 NOTICE OF APPEARANCE by Michael James Byars on behalf of Thomas R. Decker, Kirstjen Nielsen, Jefferson B. Sessions. (Byars, Michael) |
| Filing 3 NOTICE OF CONFERENCE: Initial Conference set for 9/6/2018 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 8/31/2018) (ne) |
| CASE ACCEPTED AS SIMILAR. Create association to 1:18-cv-00794-JMF. Notice of Assignment to follow. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (bcu) |
| Magistrate Judge Katharine H. Parker 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. (bcu) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Craig Relles to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason: No Courthouse Assignment selected on 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. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Craig Relles. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); County code New York. The following corrections have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant); the County code has been modified to Westchester. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Craig Relles. The party information for the following parties has been modified: Thomas R. Decker, Kirstjen Nielsen, Jefferson B. Sessions. The information for the parties has been modified for the following reasons: party name contained a typographical error; party text was omitted. (pne) |
| CASE REFERRED TO Judge Jesse M. Furman as possibly similar to 18CV794. (pne) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Relles, Craig) Modified on 8/30/2018 (pne). |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number 0208-15510868)Document filed by Yacouba Traore.(Relles, Craig) |
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