Ottey v. Department of Homeland Security (DHS) et al
Petitioner: Dwayne Ottey
Respondent: DHS/ICE, Matthew Albence, J. Almodovar, Robert L. Sperruggia, Kevin McAleenan, Ron Edwards, U.S. Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), Jonathon Horton, William Barr, David D. Rivera and Thomas R. Decker
Case Number: 1:2019cv07503
Filed: August 12, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Laura Taylor Swain
Nature of Suit: Mandamus & Other
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 2, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 26, 2019 FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 9/26/2019 Re: Judge Laura Taylor Swain #8 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)U.S. Immigration and Customs Enforcement, Kevin K. McAleenan, William Barr, Matthew Albence, David R. Rivera, Thomas R. Decker, Robert L. Sperruggia, J. Almodovar# 1084, Ron Edwards, Jonathon Horton. (bwa)
September 26, 2019 SUMMONS ISSUED as to Matthew Albence, J. Almodovar, William Barr, Thomas R. Decker, Ron Edwards, Jonathon Horton, Kevin McAleenan, David D. Rivera, Robert L. Sperruggia, U.S. Immigration and Customs Enforcement (ICE). (bwa)
September 26, 2019 Opinion or Order Filing 10 INFORMATION PACKAGE MAILED to Dwayne Ottey 055212953, at Etowah County Detention Center Unit 9 827 Forrest Ave. Gadsen, AL 35901, on 9/26/2019 Re: #8 Order of Service, via REGULAR MAIL. 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. (bwa)
September 25, 2019 Opinion or Order Filing 9 ORDER: terminating #2 Motion for TRO. The Court has reviewed in its entirety Plaintiff's "Motion for Emergency Temporary Restraining Order" (Docket Entry No. 2) seeking a stay of his deportation to allow his claims to be fully adjudicated. 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, Defendant is hereby Ordered to provide the Court with 48 hours' notice of any intent to remove Plaintiff from the United States.This order resolves Docket Entry No. 2. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/25/2019) Copies Mailed By Chambers. (ama)
September 25, 2019 Opinion or Order Filing 8 ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is further instructed to (1) complete the USM-285 forms with the addresses for DHS/ICE, Kevin McAleenan, William Barr, Matthew Albence, David D. Rivera,Thomas R. Decker, Robert L. Sperruggia, J. Almodovar # 1084, Ron Edwards, and Jonathon Horton; (2) mark the box on the USM-285 form labeled "Check for service on U.S.A."; and (3) deliver all documents necessary to effect service to the U.S. Marshals Service. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. USM-285 Form due by 10/25/2019. Request for Issuance of Summons due by 10/25/2019. (Signed by Judge Laura Taylor Swain on 9/25/2019) (ama) Transmission to Pro Se Assistants for processing.
September 25, 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. (wb)
September 25, 2019 NOTICE OF CASE REASSIGNMENT to Judge Laura Taylor Swain. Judge Colleen McMahon is no longer assigned to the case. (wb)
September 25, 2019 CASE ACCEPTED AS RELATED. Create association to 1:19-cv-05697-LTS. Notice of Assignment to follow. (wb)
September 17, 2019 Mailed a copy of #6 Order Granting IFP Application to Dwayne Ottey 055212953 Etowah County Detention Center Unit 9 827 Forrest Ave. Gadsen, AL 35901. (aea)
September 16, 2019 Opinion or Order Filing 6 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 9/16/2019) (sac) Transmission to Docket Assistant Clerk for processing.
August 27, 2019 Filing 5 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Dwayne Ottey.(sc)
August 27, 2019 Filing 4 LETTER from D. Ottey, dated 8/23/19 re: Plaintiff writes that the Court take judicial notice that on 8/9/19 petitioner submitted his Response to Respondent's Response as "Petitioner's Response to Respondent's Motion To Dismiss or Transfer Case to the Northern District of Alabama in the Form of an Affidavit" which the Clerk of Court entered as submission #14 on the docket. Document filed by Dwayne Ottey.(sc)
August 13, 2019 Mailed a copy of #3 Order Directing Payment of Fee or IFP Application, to Dwayne Ottey 055212953 Etowah County Detention Center Unit 9 827 Forrest Ave. Gadsen, AL 35901. (vba)
August 13, 2019 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb)
August 13, 2019 Opinion or Order Filing 3 ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: The Clerk of Court is directed to assign this matter to my docket, mail a copy of this Order to Plaintiff, and note service on the docket. Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 9/12/2019. In Forma Pauperis (IFP) Application due by 9/12/2019. (Signed by Judge Colleen McMahon on 8/13/2019) (Attachments: #1 IFP application)(ees) Transmission to Docket Assistant Clerk for processing.
August 9, 2019 Filing 2 MOTION for Emergency Temporary Restraining Order. Document filed by Dwayne Ottey.(rdz)
August 9, 2019 Case Designated ECF. (rdz)
August 9, 2019 Filing 1 COMPLAINT for Emergency Bivens Complaint to Show Cause for a violation of Petitioner's Substantive "Colorable adn Cognizable" Fourth and Fifth Amendment Constitutional Rights in the Form of and Affidavit against Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Kevin McAleenan, William Barr, Matthew Albence, David D. Rivera, Thomas R. Decker, Robert L. Sperruggia, J. Almodovar, Ron Edwards, Jonathon Horton. Document filed by Dwayne Ottey.(rdz) Modified on 9/16/2019 (sac).

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Respondent: DHS/ICE
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Respondent: Matthew Albence
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Respondent: J. Almodovar
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Respondent: Robert L. Sperruggia
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Respondent: Kevin McAleenan
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Respondent: Ron Edwards
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Respondent: U.S. Immigration and Customs Enforcement (ICE)
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Respondent: Department of Homeland Security (DHS)
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Respondent: Jonathon Horton
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Respondent: William Barr
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Respondent: David D. Rivera
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Respondent: Thomas R. Decker
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Petitioner: Dwayne Ottey
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