Pena German v. Decker et al
| Francisco Pena German |
| Thomas Decker, Acting Secretary Kevin McAleenan, Joseph Fucito, William P. Barr, William Barr and Kevin McAleenan |
| 1:2019cv09904 |
| October 25, 2019 |
| US District Court for the Southern District of New York |
| George B Daniels |
| Sarah Netburn |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 in |
| None |
Docket Report
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| Filing 19 REPLY MEMORANDUM OF LAW in Support re: #11 MOTION to Dismiss . . Document filed by William Barr, Thomas Decker, Kevin McAleenan. (Kahane, Joshua) |
Filing 18
MEMO ENDORSEMENT on re: #17 Letter filed by William Barr, Kevin McAleenan, Thomas Decker. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 12/19/2019) (jwh)
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| Filing 17 LETTER addressed to Judge George B. Daniels from Joshua Kahane dated 12/18/19 re: parties do not consent to Magistrate Judge. Document filed by William Barr, Thomas Decker, Kevin McAleenan.(Kahane, Joshua) |
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Filing 16
ORDER granting #15 Letter Motion for Extension of Time to File Response/Reply. The governments reply brief shall be filed by December 23, 2019. The parties are further urged to meet and confer as to whether both parties would consent to the Court's jurisdiction under 28 U.S.C. 636(c) in order to expedite a final determination on this habeas petition. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Filing 15 LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Sarah Netburn from Joshua Kahane dated 12/17/19. Document filed by William Barr, Thomas Decker, Kevin McAleenan.(Kahane, Joshua) |
| Filing 14 MEMORANDUM OF LAW in Opposition re: #11 MOTION to Dismiss . . Document filed by Francisco Pena German. (Attachments: #1 Exhibit G. Certificate of Disposition)(Mathur, Suchita) |
| Filing 13 NOTICE OF APPEARANCE by Zoe Pokempner Levine on behalf of Francisco Pena German. (Levine, Zoe) |
| Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION to Dismiss . . Document filed by William Barr, Thomas Decker, Kevin McAleenan. (Attachments: #1 Exhibit 1 - D.N.J. Petition, #2 Exhibit 2 - Gov't Opp., #3 Exhibit 3 - Pet'r Reply, #4 Exhibit 4 - Gov't Ltr., #5 Exhibit 5 - D.N.J. Opinion)(Kahane, Joshua) |
| Filing 11 MOTION to Dismiss . Document filed by William Barr, Thomas Decker, Kevin McAleenan.(Kahane, Joshua) |
| Filing 10 LETTER addressed to Magistrate Judge Sarah Netburn from Joshua Kahane dated 12/2/19 re: Withdrawal of the government's letter motion for leave to file enlarged brief (ECF No. 9). Document filed by William Barr, Thomas Decker, Kevin McAleenan.(Kahane, Joshua) |
| Filing 9 LETTER MOTION for Leave to File Enlarged Brief addressed to Magistrate Judge Sarah Netburn from Joshua Kahane dated 12/2/19. Document filed by William Barr, Thomas Decker, Kevin McAleenan.(Kahane, Joshua) |
| Filing 8 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of William Barr, Thomas Decker, Joseph Fucito, Kevin McAleenan. (Kahane, Joshua) |
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Filing 7
ORDER: FRANCISCO PENA GERMAN, has petitioned this court for a writ of habeas corpus pursuant to 28 U.S.C. 2241. Upon review of that petition, the government is ordered to submit a response to the petition on or before December 3, 2019. The clerk of the court is directed to serve a copy of this order and the underlying petition on the United States Attorney for the Southern District of New York. (William Barr answer due 12/3/2019; Thomas Decker answer due 12/3/2019; Joseph Fucito answer due 12/3/2019; Kevin McAleenan answer due 12/3/2019.) (Signed by Judge George B. Daniels on 11/1/2019) (jwh) Transmission to Docket Assistant Clerk for processing.
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Filing 6
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus. Referred to Magistrate Judge Sarah Netburn. (Signed by Judge George B. Daniels on 11/1/2019) (jwh)
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| Mailed a copy of #1 Petition for Writ of Habeas Corpus, #7 Order, Set Deadlines, to United States Attorney for the SDNY 86 Chambers Street New York NY 10007. (vba) |
| Filing 5 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Francisco Pena German. (Attachments: #1 Application for Order to Show Cause on Petition for Writ of Habeas Corpus) (Mathur, Suchita) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Suchita Mathur to DO NOT RE-FILE Document No. #4 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): the attached is not in the format of an Order to Show Cause, see sample on the Court's website under forms, prepare an Order to Show Cause, then Re-file the document using the event type Proposed Order to Show Cause Without Emergency Relief found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF, also file a Memorandum of law in support of the Order to Show Cause, using the event type Memorandum of Law in Support of a Non-Motion, found under the event list Other Answers. (dt) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #5 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. (dt) |
| Filing 4 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Francisco Pena German. (Attachments: #1 Application for Order to Show Cause) (Mathur, Suchita) Proposed Order to be reviewed by Clerk's Office staff. Modified on 10/31/2019 (dt). |
| Filing 3 CERTIFICATE OF SERVICE of Verified Petition & Exhibits served on Thomas Decker, Joseph Fucito, Kevin McAleenan, and William Barr, through counsel U.S. Attorneys' Office, S.D.N.Y, Civil Division on Oct. 28, 2019. Service was made by Mail. Document filed by Francisco Pena German. (Mathur, Suchita) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Suchita Deolalikar Mathur. The party information for the following party/parties has been modified: Thomas Decker, Joseph Fucito, Acting Secretary Kevin McAleenan, William P. Barr. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. 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. (pc) |
| Magistrate Judge Sarah Netburn 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 2 CIVIL COVER SHEET filed. (Mathur, Suchita) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-17837050)Document filed by Francisco Pena German. (Attachments: #1 Exhibit A. NTA, #2 Exhibit B. DHS Evidence, #3 Exhibit C. DHS Motion to Admin Transfer, #4 Exhibit D. State Court Writ, #5 Exhibit E. Pena Declaration, #6 Exhibit F. ICE Detainee Transfer Policy)(Mathur, Suchita) |
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