Ottey v. DHS/ICE
Petitioner: Dwayne Ottey
Respondent: DHS/ICE
Case Number: 1:2019cv05697
Filed: June 18, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Laura Taylor Swain
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241 st
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 13, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 13, 2019 Filing 14 PETITIONER'S RESPONSE TO RESPONDENTS MOTION TO DISMISS OR TRANSFER CASE TO THE NORTHERN DISTRICT OF ALABAMA IN THE FORM OF AN AFFIDAVIT. Document filed by Dwayne Ottey. (vn)
August 13, 2019 Filing 13 ADDITIONAL CLAIMS FOR EMERGENCY BIVENS COMPLAINT TO SHOW CAUSE FOR VIOLATION OF PETITIONER'S SUBSTANTIVE "COLORABLE AND COGNIZABLE" FOURTH AND FIFTH AMENDMENT CONSTITUTIONAL RIGHTS IN THE FORM OF AN AFFIDAVIT. Document filed by Dwayne Ottey. (vn) (Main Document 13 replaced on 8/16/2019) (sac).
July 26, 2019 Filing 12 CERTIFICATE OF SERVICE of Motion served on Dwayne Ottey on 7/26/19. Service was made by Mail. Document filed by DHS/ICE. (Kahane, Joshua)
July 26, 2019 Filing 11 DECLARATION of Deportation Officer Mario A. Garaffa in Support re: #9 MOTION to Transfer Case to the Northern District of Alabama. MOTION to Dismiss for Lack of Jurisdiction /venue.. Document filed by DHS/ICE. (Kahane, Joshua)
July 26, 2019 Filing 10 MEMORANDUM OF LAW in Support re: #9 MOTION to Transfer Case to the Northern District of Alabama. MOTION to Dismiss for Lack of Jurisdiction /venue. . Document filed by DHS/ICE. (Kahane, Joshua)
July 26, 2019 Filing 9 MOTION to Transfer Case to the Northern District of Alabama., MOTION to Dismiss for Lack of Jurisdiction /venue. Document filed by DHS/ICE.(Kahane, Joshua)
July 8, 2019 Filing 8 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of DHS/ICE. (Kahane, Joshua)
June 27, 2019 Opinion or Order Filing 7 HABEAS INFORMATION PACKAGE MAILED to Dwayne Ottey 055212953 Etowah County Detention Center Unit 9 827 Forrest Ave. Gadsen, AL 35901, at, on 6/27/2019 Re: #6 Order to Answer. 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. (nb)
June 26, 2019 Opinion or Order Filing 6 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. Within 30 days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleadings in response to the petition. Petitioner may file reply papers, if any, within 21 days from the date Petitioner is served with Respondent's answer. The Court does not, at this time, order a stay of removal. However, to assure that the Court's ability to resolve Petitioner's claim is not mooted by events, Respondents are further ORDERED to provide the Court with 48 hours' notice of any intent to remove Petitioner from the United States. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/26/2019) Copies Mailed By Chambers. (ama) Transmission to Pro Se Assistants for processing.
June 24, 2019 Magistrate Judge Kevin Nathaniel Fox 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. (ma)
June 24, 2019 NOTICE OF CASE REASSIGNMENT to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (ma)
June 18, 2019 Filing 4 Violation of Fourth Amendment "Warrantless Arrest" on ICE Detainers and Other Constitutional. Document filed by Dwayne Ottey. (rdz)
June 18, 2019 Filing 3 MOTION for Emergency Temporary Restraining Order. Document filed by Dwayne Ottey.(rdz)
June 18, 2019 Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number 465401238016)Document filed by Dwayne Ottey.(rdz)
June 18, 2019 Filing 1 CIVIL COVER SHEET filed. (rdz)
June 18, 2019 Case Designated ECF. (rdz)

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Respondent: DHS/ICE
Represented By: Joshua Evan Kahane
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Petitioner: Dwayne Ottey
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