Baragi v. Barr et al
| Musa Baragi |
| U.S. Department of Homeland Security, Thomas R. Decker, Kevin McAleenan and William Barr |
| 1:2019cv10553 |
| November 14, 2019 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Ronnie Abrams |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 fd |
| None |
Docket Report
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Filing 21
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that this action is dismissed with prejudice and without costs or attorney's fees to either party. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/26/2019) (jca)
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| Filing 20 PROPOSED STIPULATION AND ORDER. Document filed by William Barr, Thomas R. Decker, Kevin McAleenan, U.S. Department of Homeland Security. (Byars, Michael) |
| Filing 19 NOTICE OF APPEARANCE by Obasi Okafor Obasi on behalf of Musa Baragi. (ad) |
| Filing 18 LETTER addressed to Judge Ronnie Abrams from AUSA Michael J. Byars dated November 21, 2019 re: grant of Mr. Baragi's request for discretionary stay and release on order of supervision. Document filed by William Barr, Thomas R. Decker, Kevin McAleenan, U.S. Department of Homeland Security.(Byars, Michael) |
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Filing 17
MEMO ENDORSEMENT on re: #15 Letter re: update regarding the status of the case., filed by Thomas R. Decker, U.S. Department of Homeland Security, William Barr, Kevin McAleenan., ENDORSEMENT: The hearing scheduled in this matter is adjourned until December 4, 2019 at 3:00 p.m. SO ORDERED. Status Conference set for 12/4/2019 at 03:00 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 11/21/2019) (rj)
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Filing 16
ORDER: The affidavit of Charlie Davidson (ECF No. 14), filed with the Court on November 20, 2019, contains the full name of Petitioner's minor daughter. The attachments to the affidavit also include the full name of Petitioner's minor daughter. Rule 5.2(a)(3) of the Federal Rules of Civil Procedure requires that any references to a minor in court submissions must be made by referring only to the minor's initials. Because of Petitioner's failure to comply with this rule, the Clerk of Court is directed to limit access to ECF No. 14 on the Court's CM/ECF database to a "case participant only" basis. Petitioner must comply with Rule 5.2(a)(3) when submitting any documents in the future. The Clerk of Court is further directed to edit the docket entry text to include only the initials of Petitioner's minor daughter. (Signed by Judge Ronnie Abrams on 11/21/2019) (rj)
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| Transmission to Office of the Clerk of Court. Transmitted re: #16 Order,,,, to the Office of the Clerk of Court for processing. (rj) |
| Filing 15 LETTER addressed to Judge Ronnie Abrams from AUSA Michael J. Byars dated November 20, 2019 re: update regarding the status of the case. Document filed by William Barr, Thomas R. Decker, Kevin McAleenan, U.S. Department of Homeland Security.(Byars, Michael) |
| Filing 13 MEMORANDUM OF LAW in Opposition re: #2 Petition for Writ of Habeas Corpus . Document filed by William Barr, Thomas R. Decker, Kevin McAleenan, U.S. Department of Homeland Security. (Byars, Michael) |
| Filing 12 DECLARATION of Deportation Officer Geraldo Paoli in Opposition re: #2 Petition for Writ of Habeas Corpus. Document filed by William Barr, Thomas R. Decker, Kevin McAleenan, U.S. Department of Homeland Security. (Byars, Michael) |
| Filing 11 RESPONSE re: #2 Petition for Writ of Habeas Corpus . Document filed by William Barr, Thomas R. Decker, Kevin McAleenan, U.S. Department of Homeland Security. (Attachments: #1 Exhibit A - Order to Show Cause, #2 Exhibit B - Removal Order, #3 Exhibit C - Order of Supervision ("OSUP"), #4 Exhibit D - Form G-56, #5 Exhibit E - Form I-213, #6 Exhibit F - Notice of Revocation of Release, #7 Exhibit G - Informal Interview Record)(Byars, Michael) |
| Filing 10 NOTICE OF APPEARANCE by Michael James Byars on behalf of William Barr, Thomas R. Decker, Kevin McAleenan, U.S. Department of Homeland Security. (Byars, Michael) |
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Filing 9
ORDER: The hearing scheduled for Wednesday, November 20, at 3:00 p.m. is adjourned until Thursday, November 21, at 11:00 a.m. SO ORDERED., ( Status Conference set for 11/21/2019 at 11:00 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 11/19/2019) (ama)
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| Filing 8 CERTIFICATE OF SERVICE of Petition for Writ of Habeas Corpus; served on William Barr, U.S. Department of Justice; Kevin McAleenan, Dept. of Homeland Security on 11/16/19. Service was made by Mail. Document filed by Musa Baragi. (sc) |
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Filing 7
INFORMATION PACKAGE MAILED to Musa Baragi ID No. A-073610953, at Hudson County Correctional Facility, 30-35 Hackensack Ave., Kearney, NJ 07032, on 11/18/2019 Re: #5 Order to Answer 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)
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| Mailed a copy of #6 Order Directing Original Signature #5 Order to Answer, 28 U.S.C. 2241 to Musa Baragi, ID No. A-073610953, at Hudson County Correctional Facility, 30-35 Hackensack Ave, Kearney, NJ 07032. (arc) |
| Mailed a copy of #6 Order Directing Original Signature, with the Signature Page to Musa Baragi ID No. A-073610953 Hudson County Correctional Facility 30-35 Hackensack Ave. Kearney, NJ 07032. (aea) |
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Filing 6
ORDER DIRECTING ORIGINAL SIGNATURE: Petitioner brings this action pro se. Petitioner submitted the petition without a signature. Rule 11(a) of the Federal Rules of Civil Procedure provides that "[e]very pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name-or by a party personally if the party is unrepresented." See also Local Civil Rule 11.1(a). The Supreme Court has interpreted Rule 11(a) to require "as it did in John Hancock's day, a name handwritten (or a mark handplaced)." Becker v. Montgomery, 532 U.S. 757, 764 (2001). Petitioner is directed to resubmit the signature page of petition with an original signature to the Court within thirty days of the date of this order. A copy of the signature page is attached to this order. The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. Signature Page due by 12/16/2019. (Signed by Judge Ronnie Abrams on 11/15/2019) (mro) Transmission to Docket Assistant Clerk for processing.
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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, it is hereby ORDERED that there shall be a hearing in this matter on November 20, 2019 at 3:00 p.m. in Courtroom 1506 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. The Government must respond to the Petition by November 19, 2019. This response should include information regarding the current location of Petitioner. Respondents are directed not to deport Petitioner until the Court has decided this habeas petition. A search of the United States Immigration and Customs Enforcement Online Detainee Locator System reveals that Petitioner is currently detained in the Hudson County Correctional Facility. The Clerk of Court is directed to update the docket for this case to reflect Petitioner's current location. The Government's response must include any updated information regarding Petitioner's location. The Clerk of Court is further directed to electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York that this order and Judge Gardephe's November 14, 2019 order (ECF No. 3) have been issued. (William Barr answer due on 11/19/2019; Thomas R. Decker answer due on 11/19/2019; Kevin McAleenan answer due on 11/19/2019; U.S. Department of Homeland Security answer due on 11/19/2019. Status Conference set for 11/20/2019 at 03:00 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 11/15/2019) (jwh) Transmission to Pro Se Assistants for processing.
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Filing 3
ORDER: It is hereby ORDERED that there shall be a hearing in this matter before Judge Abrams on November 20, 2019 at 3:00 p.m. in Courtroom 1506 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. The Government will respond to the Petition by November 19, 2019. This response should include information regarding the current location of Petitioner. Respondents are directed not to deport Petitioner until Judge Abrams has decided this habeas petition. SO ORDERED. (Responses due by 11/19/2019, Status Conference set for 11/20/2019 at 03:00 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams.) (Signed by Judge Paul G. Gardephe on 11/14/2019) (jca)
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| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number 465401248337)Document filed by Musa Baragi.(rdz) |
| Filing 1 CIVIL COVER SHEET filed. (rdz) |
| 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. (rdz) |
| Case Designated ECF. (rdz) |
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