Brudy v. Decker et al
| Yanick Brudy |
| Attorney General William P. Barr, charles green, Secy DHS Kirstjen Neilsen, Director Thomas Decker, Acting Director James McHenry, James McHenry, Thomas Decker, William P. Barr and Kirstjen Nielsen |
| 1:2019cv01565 |
| February 19, 2019 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 in |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 5, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Received e-mail from the United States District Court - District of New Jersey acknowledging receipt of transferred case. Assigned Case Number: 2:19-cv-07874, filed on 03/05/2019. (sjo) |
Filing 8
ORDER granting #4 Motion for Andres James Ortiz to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
|
| 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 (cf) |
|
Filing 7
ORDER terminating #3 Motion for Order to Show Cause. It is hereby ORDERED that this case is transferred to the U.S. District Court for the District of New Jersey. Petitioner seeks his release from detention or a bond hearing. Thus, this action is a "core" habeas challenge. See Golding v. Sessions, No. 18 Civ. 3036, 2018 WL 6444400, at *2 (S.D.N.Y. 2018) (holding that a request for a bond hearing is a "core" habeas challenge). Accordingly, the proper respondent is the warden of the facility where Petitioner is being held, and jurisdiction is not proper in the Southern District of New York, but is proper in the district of confinement -- the District of New Jersey. See S.N.C., 325 F. Supp. 3d at 409. The Clerk of Court is respectfully directed to close the motion at Docket No. 3 and transfer the case to the U.S. District Court for the District of New Jersey. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/25/2019) (cf) Transmission to Office of the Clerk of Court for processing.
|
| Civil Case Opening Fee Refunded: for #1 Complaint. Filing fee refunded for Receipt number ANYSDC-16372505, for the following reason(s): duplicate payment. (jom) |
| Filing 6 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Yanick Brudy. (Attachments: #1 Exhibit Exhibits)(Ortiz, Andres) |
| Filing 5 CIVIL COVER SHEET filed. (Ortiz, Andres) |
| Filing 4 MOTION for Andres James Ortiz to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Yanick Brudy. (Attachments: #1 Supplement CGS)(Ortiz, Andres) |
| Civil Case Opening Fee Payment: for #6 Petition for Writ of Habeas Corpus. Filing fee $ 5.00, receipt number ANYSDC-16379669.(Ortiz, Andres) |
| Case Designated ECF. (sj) |
| ***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Andres Ortiz. Civil Case Opening Fee of $5 Due: for #6 Petition for Writ of Habeas Corpus. 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 2/25/2019. (gp) |
| Magistrate Judge Gabriel W. Gorenstein 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. (sj) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Andres Ortiz. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (sj) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #2 MOTION for Andres James Ortiz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16372571. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andres Ortiz to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected due to party modification to correspond with pleading. Re-file the pleading using the event type Petition for Writ of Habeas Corpus 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andres Ortiz. The party information for the following party/parties has been modified: Kirsten Nielsen; William P. Barr; James McHenry; Thomas Decker; Charles Green. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andres Ortiz. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (sj) |
| Filing 3 MOTION for Order to Show Cause . Document filed by Yanick Brudy.(Ortiz, Andres) |
| Filing 2 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Andres James Ortiz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16372571. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Yanick Brudy.(Ortiz, Andres) Modified on 2/20/2019 (wb). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against William P. Barr, Thomas Decker, James McHenry, Kirstjen Neilsen, charles green. (Filing Fee $ 400.00, Receipt Number ANYSDC-16372505)Document filed by Yanick Brudy. (Attachments: #1 Exhibit exhibits)(Ortiz, Andres) Modified on 2/20/2019 (sj). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
