Diop v. Sessions et al
| Seydou Diop |
| Assistant Director Scott Mechkowski, Attorney General Jefferson Sessions, Director Thomas Decker, U.S. Department of Homeland Security and Secretary Kirstjen Nielsen |
| 1:2018cv08245 |
| September 11, 2018 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 in |
| None |
Docket Report
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This docket was last retrieved on October 31, 2018. A more recent docket listing may be available from PACER.
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| Filing 32 DECLARATION of Deportation Officer Naquan Bacchus in Support re: #30 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Thomas Decker, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions, U.S. Department of Homeland Security. (Waterman, Brandon) |
| Filing 31 MEMORANDUM OF LAW in Support re: #30 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Thomas Decker, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions, U.S. Department of Homeland Security. (Waterman, Brandon) |
| Filing 30 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Thomas Decker, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions, U.S. Department of Homeland Security.(Waterman, Brandon) |
| Filing 29 NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Thomas Decker, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions, U.S. Department of Homeland Security. (Waterman, Brandon) |
| Filing 28 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/10/18 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 27 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/10/2018 before Judge Andrew L. Carter, Jr.. 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 11/15/2018. Redacted Transcript Deadline set for 11/26/2018. Release of Transcript Restriction set for 1/23/2019.(McGuirk, Kelly) |
Filing 26
ORDER granting #25 Letter Motion for Extension of Time. The application is granted. (Signed by Judge Andrew L. Carter, Jr on 10/22/2018) (ne)
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| Set/Reset Deadlines: Motions due by 10/31/2018. Responses due by 11/14/2018. Replies due by 11/21/2018. (ne) |
| Filing 25 LETTER MOTION for Extension of Time addressed to Judge Andrew L. Carter, Jr. from AUSA Michael J. Byars dated October 19, 2018. Document filed by Thomas Decker, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions, U.S. Department of Homeland Security.(Byars, Michael) |
| Filing 24 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/10/18 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 23 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/10/2018 before Judge Andrew L. Carter, Jr.. 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 11/9/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/17/2019.(McGuirk, Kelly) |
| Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Pre-Motion Conference held on 10/10/2018. Gregory Copeland for Plaintiff(s). Michael Byars and Brandon Waterman for Defendant(s). See Docket No. 22 for complete details. (tdh) |
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Filing 22
ORDER: Pursuant to the conference held before the Court on October 10 2018, Respondents' brief concerning jurisdiction, venue, and mootness is due on October 24, 2018; Petitioner's response November 7, 2018; and Respondents' reply, November 14, 2018. ( Brief due by 10/24/2018., Reply to Response to Brief due by 11/14/2018., Responses to Brief due by 11/7/2018) (Signed by Judge Andrew L. Carter, Jr on 10/10/2018) (mro)
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| Filing 21 LETTER addressed to Judge Andrew L. Carter, Jr. from Gregory P. Copeland dated October 10, 2018 re: Removal and Mootness. Document filed by Seydou Diop. (Attachments: #1 Affidavit Copeland Declaration, #2 Exhibit Exh. 1 Release Notification, #3 Exhibit Exh. 2 Order of Release on Supervision, #4 Exhibit Exh. 3, Wife's Declaration, #5 Exhibit Exh 5, Transcript of Petitioner's Audio Message, #6 Exhibit Exh. 6 Plane Ticket, #7 Exhibit Exh 7 Guerro-Sanchez v. Warden York, #8 Exhibit Exh. 8, Abrams Celestin Order, #9 Exhibit Exh. 9 Grace v. Session, 18-cv-1853-EGS Order (D.D.C. Aug. 9, 2018))(Copeland, Gregory) |
| ***DELETED DOCUMENT. Deleted document number #23 Order. The document was incorrectly filed in this case. (mro) |
| Filing 20 LETTER addressed to Judge Andrew L. Carter, Jr. from Gregory P. Copeland dated October 5, 2018 re: Reply to Government Letter of October 2, 2018. Document filed by Seydou Diop.(Copeland, Gregory) |
| Filing 19 AMENDED PETITION amending #1 Petition for Writ of Habeas Corpus, #18 Amended Petition, against Thomas Decker, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions, U.S. Department of Homeland Security.Document filed by Seydou Diop. Related document: #1 Petition for Writ of Habeas Corpus, #18 Amended Petition,.(Copeland, Gregory) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Gregory Paul Copeland to RE-FILE Document No. #18 Amended Petition. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Petition 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. (sj) |
| Filing 18 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED PETITION amending #1 Petition for Writ of Habeas Corpus against Seydou Diop.Document filed by Seydou Diop. Related document: #1 Petition for Writ of Habeas Corpus.(Copeland, Gregory) Modified on 10/3/2018 (sj). |
| Filing 17 MEMO ENDORSEMENT on re: #16 Letter filed by Seydou Diop. ENDORSEMENT: The application is granted. (Signed by Judge Andrew L. Carter, Jr on 10/2/2018) (ne) |
| Filing 16 LETTER addressed to Judge Andrew L. Carter, Jr. from Sarah T. Gillman dated 10/02/2018 re: Request to Submit Reply to Government Letter of October 2, 2018. Document filed by Seydou Diop.(Gillman, Sarah) |
| Filing 15 LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Michael J. Byars dated October 2, 2018 re: petitioner's removal. Document filed by Thomas Decker, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions, U.S. Department of Homeland Security.(Byars, Michael) |
| Filing 14 DECLARATION of Manuel Deleon in Opposition re: #12 MOTION to Stay Removal of Petitioner.. Document filed by Thomas Decker, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions, U.S. Department of Homeland Security. (Byars, Michael) |
| Filing 13 MEMORANDUM OF LAW in Opposition re: #12 MOTION to Stay Removal of Petitioner. . Document filed by Thomas Decker, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions, U.S. Department of Homeland Security. (Byars, Michael) |
| Filing 12 MOTION to Stay Removal of Petitioner. Document filed by Seydou Diop. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit Villavicencio Calderon Transcript, #3 Exhibit You Transcript)(Copeland, Gregory) |
| Filing 11 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Sarah Telo Gillman on behalf of Seydou Diop (Gillman, Sarah) |
| Filing 10 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Gregory Paul Copeland on behalf of Seydou Diop (Copeland, Gregory) |
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Filing 9
ORDER granting #8 Letter Motion to Adjourn Conference. Defendant's letter motion to adjourn the conference scheduled for October 3, 2018, ECF No. 8, is GRANTED. The conference is rescheduled for October 10, 2018 at 11 :30 a.m. The Court will consider Defendant's anticipated motion(s) on that date. SO ORDERED. (Initial Conference set for 10/10/2018 at 11:30 AM before Judge Andrew L. Carter Jr.)(Signed by Judge Andrew L. Carter, Jr on 9/20/2018) (rro)
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| Filing 8 LETTER MOTION to Adjourn Conference scheduled for October 3, 2018 at 1:00 p.m. (ECF No. 5), and requesting a pre-motion conference addressed to Judge Andrew L. Carter, Jr. from AUSA Michael J. Byars dated September 19, 2018. Document filed by Thomas Decker, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions, U.S. Department of Homeland Security. (Attachments: #1 Exhibit A - Bacchus Declaration, #2 Exhibit B - Oral ruling in Gomez v. Decker, No. 18 Civ. 4009 (KPF))(Byars, Michael) |
| Filing 7 NOTICE OF APPEARANCE by Michael James Byars on behalf of Thomas Decker, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions, U.S. Department of Homeland Security. (Byars, Michael) |
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Filing 6
ORDER granting #3 Application to Appoint Counsel pursuant to 18 U.S.C. 3006(A)(g)(Habeas Corpus Petition): Plaintiff's request for counsel, ECF No. 3, is hereby GRANTED. (Signed by Judge Andrew L. Carter, Jr on 9/13/2018) (jwh)
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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. Attorney's Office for the Southern District of New York that this Order has been issued. Respondents are ordered to appear before the Court for an initial conference on October 3, 2018 at 1:00 p.m. Respondents are requested to make arrangements for Petitioner to appear via telephone. (Initial Conference set for 10/3/2018 at 01:00 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 9/13/2018) (jwh)
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| Filing 3 APPLICATION FOR THE COURT TO REQUEST COUNSEL PURSUANT TO 18 U.S.C. 3006(A)(g) (Habeas Corpus Petition). Document filed by Seydou Diop.(pne) |
| Filing 2 CIVIL COVER SHEET filed. (pne) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number 465401217794)Document filed by Seydou Diop.(pne) |
| Case Designated ECF. (pne) |
| 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. (pne) |
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