Rodriguez Ordonez v. Wolf et al.
| Diego Dilan Rodiguez Ordonez |
| Chad Wolf, Juvenile Coordinator Linda Hyde, Jonathan H. Hayes, William Barr and Thomas R. Decker |
| 1:2020cv01727 |
| February 27, 2020 |
| US District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 fd |
| None |
Docket Report
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Filing 43
SUMMARY ORDER: For the reasons stated on the record at the telephonic oral argument held earlier today, April 22, 2020, at 2:30 p.m., I hold as follows:1. Petitioner's amended petition for a writ of habeas corpus (ECF No. 28) is hereby denied. 2. Petitioner's request for permission to amend the habeas petition for a second time in order to add new arguments and allegations (ECF No. 29) is denied. The Clerk is directed to mark this case closed. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/22/2020) (ama)
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Filing 42
ORDER REGULATING PROCEEDINGS denying #39 Letter Motion for Leave to File Document. Petitioner's motion to adjourn the oral argument scheduled to proceed today, April 22, 2020, see ECF No. 39, is denied. The argument will go forward as planned, at which time Petitioner is free to ask the Court for postponement, amendment, or other relief, as he sees fit. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/22/20) (yv)
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| Filing 41 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/13/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 40 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/13/2020 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/13/2020. Redacted Transcript Deadline set for 5/26/2020. Release of Transcript Restriction set for 7/21/2020..(McGuirk, Kelly) |
| Filing 39 ***SELECTED PARTIES*** LETTER MOTION for Leave to File Second Amended Petition and postpone oral argument addressed to Judge Alvin K. Hellerstein from Anthony Enriquez dated 4/21/2020. Document filed by Diego Dilan Rodiguez Ordonez, William Barr, Thomas R. Decker, Chad Wolf. (Attachments: #1 Proposed Second Amended Petition)Motion or Order to File Under Seal: #26 .(Enriquez, Anthony) |
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Filing 38
ORDER REGULATING PROCEEDINGS. Petitioner's reply brief, see ECF No. 37, puts forth arguments relating to his alleged obesity and high blood pressure that were not mentioned in his amended habeas petition, see ECF No. 28. These novel contentions will not be considered at tomorrow's telephonic oral argument. See, e.g., Melo v. United States, 825 F.Supp.2d 457, 464 (S.D.N.Y. 2011) (noting that arguments raised for the first time in a reply brief are waived). The hearing will focus only on issues raised in the amended petition. In the event Petitioner would like to amend his habeas petition for a second time after tomorrow's argument, he must make a motion to that effect. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/21/20) (yv)
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| Filing 37 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #31 LETTER MOTION for Extension of Time to File Response/Reply to Amended Habeas Petition addressed to Judge Alvin K. Hellerstein from Jennifer Jude dated 4/16/20. . Document filed by Diego Dilan Rodiguez Ordonez, William Barr, Thomas R. Decker, Chad Wolf. (Attachments: #1 Affidavit of Robert M. Sapolsky, #2 Affidavit of Alan Shapiro, #3 Affidavit of LIsa Pineda)Motion or Order to File Under Seal: #26 .(Enriquez, Anthony) |
| Filing 36 DECLARATION of Alfredo Ortiz in Opposition re: #28 Amended Petition,. Document filed by William Barr, Thomas R. Decker, Chad Wolf..(Jude, Jennifer) |
| Filing 35 ***SELECTED PARTIES***DECLARATION of Melanie White in Opposition re: #28 Amended Petition,. Document filed by William Barr, Chad Wolf, Thomas R. Decker, Diego Dilan Rodiguez Ordonez. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #33 .(Jude, Jennifer) |
| Filing 34 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition to Amended Habeas Petition. Document filed by William Barr, Chad Wolf, Thomas R. Decker, Diego Dilan Rodiguez Ordonez. Motion or Order to File Under Seal: #33 .(Jude, Jennifer) |
| Filing 33 CONSENT LETTER MOTION to Seal Documents Related to Respondents' Opposition to Petitioner's Amended Petition addressed to Judge Alvin K. Hellerstein from Jennifer Jude dated 4/17/20. Document filed by William Barr, Thomas R. Decker, Chad Wolf..(Jude, Jennifer) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Anthony Ryan Enriquez re: Document No. 30 Amended Petition. The filing is deficient for the following reason(s): duplicate docket entry; the Amended Petition at Document No. #28 has been accepted; there is no need to re-file unless you are looking to file a Second Amended Petition which would require Court's leave or consent from the opposing party/parties. (pne) |
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Filing 32
ORDER granting #31 Letter Motion for Extension of Time to File Response/Reply. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/16/2020) (mml)
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| Filing 31 LETTER MOTION for Extension of Time to File Response/Reply to Amended Habeas Petition addressed to Judge Alvin K. Hellerstein from Jennifer Jude dated 4/16/20. Document filed by William Barr, Thomas R. Decker, Chad Wolf..(Jude, Jennifer) |
| Set/Reset Deadlines: William Barr answer due 4/17/2020; Thomas R. Decker answer due 4/17/2020; Jonathan H. Hayes answer due 4/17/2020; Linda Hyde answer due 4/17/2020; Chad Wolf answer due 4/17/2020. (mml) |
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Filing 29
ORDER: The Court approves the parties' proposed briefing schedule outlined in their letter dated April 13, 2020 (ECF No. 21). However, the Court cannot accommodate the parties' requested date for oral argument. Oral argument will be held telephonically on Wednesday, April 22, 2020, at 2:30 p.m., and will be held via the following call-in number: Call-in number: 888-363-4749. Access code: 7518680. To ensure that the hearing proceeds smoothly and to avoid disruption, the Court directs all those calling in (other than counsel) to mute their telephones. Finally, no later than Monday, April 20, 2020, at 12:00 p.m., the parties shall jointly submit to the Court (via the email address: HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record at the telephonic argument. (William Barr answer due 4/16/2020; Thomas R. Decker answer due 4/16/2020; Jonathan H. Hayes answer due 4/16/2020; Linda Hyde answer due 4/16/2020; Chad Wolf answer due 4/16/2020. Telephone Conference set for 4/22/2020 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 4/15/2020) (rro)
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| Filing 28 AMENDED PETITION amending #24 Amended Petition,, against William Barr, Chad Wolf, Thomas R. Decker.Document filed by Diego Dilan Rodiguez Ordonez. Related document: #24 Amended Petition,,.Motion or Order to File Under Seal: #26 .(Enriquez, Anthony) Modified on 4/16/2020 (pc). |
| Filing 27 MEMO ENDORSEMENT on re: #18 Notice (Other) filed by Diego Dilan Rodiguez Ordonez. I authorize this student: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Alvin K. Hellerstein on 4/13/20) (yv) |
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Filing 26
ORDER granting #23 Letter Motion to Seal. (Signed by Judge Alvin K. Hellerstein on 4/15/20) (yv)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Anthony Ryan Enriquez to RE-FILE Document No. #24 Amended Petition,. The filing is deficient for the following reason(s): all of the parties whom the pleading is against were not selected; only two of the three Respondents listed on the Amended Petition caption were selected. Re-file the pleading using the event type Amended Petition found under the event list Complaints and Other Initiating Documents - attach the PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne) |
| Filing 25 ***SELECTED PARTIES***EXHIBIT TO PLEADING re: #24 Amended Petition,. Document filed by Chad Wolf, Diego Dilan Rodiguez Ordonez, Thomas R. Decker. (Attachments: #1 Office of Trafficking in Persons Eligibility Letter for Diego Rodriguez Ordonez, #2 Medical records from the Office of Refugee Resettlement file of Diego Rodriguez Ordonez (1 of 2), #3 Medical records from the Office of Refugee Resettlement file of Diego Rodriguez Ordonez (2 of 2), #4 Declaration of Rebecca Rittenhouse, federally appointed Child Advocate for Diego Rodriguez Ordonez, #5 Declaration of Diego Rodriguez Ordonez, #6 Declaration of Rosa Santana, #7 Declaration of Dr. Elizabeth Singer, #8 Declaration of Ambien Mitchell, #9 Affidavit of Olivia Kaplan, #10 Petitioners Reply Brief in Basant v. Decker, 20-02518 (AT) (S.D.N.Y. 2020), #11 Opinion granting Temporary Restraining Order in Rafael L.O. v. Tsoukaris, No. 20-3481 (JMV) (D.N.J. 2020), #12 Commitment Letter from the Reverend Eduardo Fabian Arias, #13 Supplemental Declaration of Rebecca Rittenhouse)Motion or Order to File Under Seal: #23 .(Enriquez, Anthony) |
| Filing 24 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR-***SELECTED PARTIES***FIRST AMENDED PETITION amending #1 Petition for Writ of Habeas Corpus, against Chad Wolf, Thomas R. Decker.Document filed by Chad Wolf, Diego Dilan Rodiguez Ordonez, Thomas R. Decker. Related document: #1 Petition for Writ of Habeas Corpus,. (Attachments: #1 Exhibit Office of Trafficking in Persons Eligibility Letter)Motion or Order to File Under Seal: #23 .(Enriquez, Anthony) Modified on 4/15/2020 (pne). |
| Filing 23 CONSENT LETTER MOTION to Seal Amended Petition addressed to Judge Alvin K. Hellerstein from Anthony Enriquez dated 4/14/20. Document filed by Diego Dilan Rodiguez Ordonez..(Enriquez, Anthony) |
| Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Telephone Conference held on 4/13/2020. Oral argument held on TRO and writ of habeas. (telephonically) Court reporter Carol Ganley pres.; TRO and habeas are denied with leave to amend. - 1.5 hour (kgo) |
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Filing 22
ORDER DENYING HABEAS PETITION AND MOTION FOR A TEMPORARY RESTRAINING ORDER denying without prejudice to renewal by formal motion #7 Motion for TRO. Petitioner's motion for a temporary restraining order and petition for a writ of habeas corpus are denied, with leave to amend. The Clerk is directed to close the open motions (ECF Nos. 1, 7). SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/13/20) (yv) Transmission to Orders and Judgments Clerk for processing.
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| Filing 21 NOTICE of Stipulation to proposed briefing schedule. Document filed by Diego Dilan Rodiguez Ordonez..(Enriquez, Anthony) |
| Filing 20 NOTICE of Supplemental Authority (Second). Document filed by Diego Dilan Rodiguez Ordonez. (Attachments: #1 Affidavit Declaration of Diego Rodriguez, #2 Exhibit TRO Order Valenzuela v. Decker, #3 Exhibit Commitment Letter from Father Arias, #4 Affidavit Declaration of Rebecca Rittenhouse).(Enriquez, Anthony) |
| Filing 19 NOTICE of Supplemental Authority. Document filed by Diego Dilan Rodiguez Ordonez..(Enriquez, Anthony) |
| Filing 18 NOTICE of Request for Appearance of Law Graduate at Oral Argument. Document filed by Diego Dilan Rodiguez Ordonez. (Attachments: #1 Law Student Appearance Form, #2 Exhibit Results of July 2019 Bar Exam).(Enriquez, Anthony) |
| Filing 17 REPLY MEMORANDUM OF LAW in Support re: #7 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Diego Dilan Rodiguez Ordonez. (Attachments: #1 Exhibit Declaration of Rosa Santana, #2 Exhibit Department of Homeland Security Office of Inspector General Report, #3 Exhibit Declaration of Ambien Mitchell, #4 Exhibit Affidavit of Olivia Kaplan, #5 Exhibit Declaration of Dr. Elizabeth Singer, #6 Exhibit Basank v. Decker, Petitioners Reply Memorandum, #7 Exhibit Temporary Restraining Order in Rafael L.O. v. Tsoukaris, 2:20-cv-03481-JMV).(Enriquez, Anthony) |
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Filing 16
ORDER granting #11 Letter Motion to Seal: So Ordered. (Signed by Judge Alvin K. Hellerstein on 4/8/2020) (jwh)
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| Filing 15 DECLARATION of Alfaro Ortiz in Opposition re: #7 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by William Barr, Thomas R. Decker, Jonathan H. Hayes, Linda Hyde, Chad Wolf..(Jude, Jennifer) |
| Filing 14 ***SELECTED PARTIES***DECLARATION of Wilfred Calero in Opposition re: #7 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Linda Hyde, William Barr, Chad Wolf, Jonathan H. Hayes, Thomas R. Decker, Diego Dilan Rodiguez Ordonez. (Attachments: #1 Exhibit A, #2 Exhibit B (Part 1), #3 Exhibit B (Part 2), #4 Exhibit C, #5 Exhibit D)Motion or Order to File Under Seal: #11 .(Jude, Jennifer) |
| Filing 13 ***SELECTED PARTIES***DECLARATION of Linda Hyde in Opposition re: #7 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Linda Hyde, William Barr, Chad Wolf, Jonathan H. Hayes, Thomas R. Decker, Diego Dilan Rodiguez Ordonez. (Attachments: #1 Exhibit A, #2 Exhibit B)Motion or Order to File Under Seal: #11 .(Jude, Jennifer) |
| Filing 12 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #7 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Linda Hyde, William Barr, Chad Wolf, Jonathan H. Hayes, Thomas R. Decker, Diego Dilan Rodiguez Ordonez. (Attachments: #1 Exhibit Moon Declaration)Motion or Order to File Under Seal: #11 .(Jude, Jennifer) |
| Filing 11 CONSENT LETTER MOTION to Seal Documents Related to Respondents' Opposition to Petitioner's Motion for TRO addressed to Judge Alvin K. Hellerstein from Jennifer Jude dated 4/7/20. Document filed by William Barr, Thomas R. Decker, Jonathan H. Hayes, Linda Hyde, Chad Wolf..(Jude, Jennifer) |
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Filing 10
ORDER: The parties are hereby notified that Petitioner's motion seeking relief in habeas corpus (ECF No. 1) and Petitioner's motion for a temporary restraining order (ECF No. 7) are, in light of their presentation of substantively analogous arguments, consolidated for purposes of the oral argument that is scheduled for Monday, April 13, 2020. If additional discovery or hearings are required, the Court shall so determine at argument. (Signed by Judge Alvin K. Hellerstein on 4/6/2020) (rro)
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| Filing 9 NOTICE OF APPEARANCE by Jennifer Ann Jude on behalf of William Barr, Thomas R. Decker, Jonathan H. Hayes, Linda Hyde, Chad Wolf..(Jude, Jennifer) |
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Filing 8
ORDER, Having reviewed petitioner's moving papers, the Court orders respondents to (1) file an appearance no later than the end of the day today, April 3, 2020, and (2) to file their opposition, if any, to petitioner's motion for a temporary restraining order, on Tuesday, April 7, 2020. Petitioner shall file his reply, if any, on Thursday, April 9, 2020. Oral argument will be held telephonically on Monday, April 13, 2020, at 11:00 a.m., and will be held via the following call-in number: Call-in number: 888-363-4749 Access code: 7518680. To ensure that the hearing proceeds smoothly and to avoid disruption, the Court directs all those calling in (other than counsel) to mute their telephones. Finally, no later than Friday, April 10, 2020, at 12:00 p.m., the parties shall jointly submit to the Court (via the email address: HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record at the telephonic argument. SO ORDERED. Set Deadlines/Hearing as to #7 EMERGENCY MOTION for Temporary Restraining Order . : ( Responses due by 4/7/2020, Replies due by 4/9/2020.) (Signed by Judge Alvin K. Hellerstein on 4/3/20) (yv)
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| Set/Reset Hearings: Telephone conference set for 4/13/2020 at 11:00 AM before Judge Alvin K. Hellerstein. (yv) Modified on 4/7/2020 (yv). |
| Filing 7 EMERGENCY MOTION for Temporary Restraining Order . Document filed by Diego Dilan Rodiguez Ordonez. (Attachments: #1 Brief in support of TRO, #2 Affidavit Exh. A, Declaration of Daniel Espinoza and attachments, #3 Exhibit Attachment A to Exh. A, Record of ORR custody, #4 Exhibit Attachment B to Exh. A, ORR medical records, #5 Exhibit Attachment C to Exh. A, Letter to ICE, #6 Exhibit Attachment D to Exh. A, Commitment Letter from Covenant House, #7 Exhibit Attachment E to Exh. A, Email from Officer Pizarro, #8 Exhibit Exh. B, Verified Habeas Petition, #9 Affidavit Exh. C, Declaration of Rebecca Rittenhouse, #10 Text of Proposed Order Proposed Order for TRO).(Enriquez, Anthony) |
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Filing 6
ORDER: The above-named petitioner 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 an answer or other pleading to the petition within 30 days of the date of this Order, along with all transcripts, including sentencing minutes, trial court decisions, appellate decisions, and all briefs in the trial and appellate courts directly relevant to the matters raised in the petition. The petitioner shall have 20 days from the date on which he receives respondents= answer to file a response thereto. The petition will be considered fully submitted as of that date. (Signed by Judge Alvin K. Hellerstein on 3/20/2020) (mro) Transmission to Pro Se Assistants for processing.
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| Mailed a copy of #6 Order to Answer, 28 U.S.C. 2241, #1 Petition for Writ of Habeas Corpus, to United States Attorney's Office 86 Chambers St. New York, NY. (nb) |
| NOTICE OF CASE REASSIGNMENT to Judge Alvin K. Hellerstein. Judge Unassigned is no longer assigned to the case..(wb) |
| CASE DECLINED AS NOT RELATED. Case referred as related to 19cv1544 and declined by Judge Andrew L. Carter and returned to wheel for assignment. (wb) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) |
| Filing 5 LETTER addressed to Judge Andrew L. Carter, Jr. from Diego Rodriguez dated 2/28 re: Response to Respondents' Objection to Statement of Relatedness. Document filed by Diego Dilan Rodiguez Ordonez..(Enriquez, Anthony) |
| Filing 4 OBJECTION TO STATEMENT OF RELATEDNESS . Document filed by William Barr, Thomas R. Decker, Jonathan H. Hayes, Linda Hyde, Chad Wolf..(Waterman, Brandon) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Anthony Ryan Enriquez. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 463 (Habeas Corpus - Alien Detainee); County code Albany;. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 530 (Habeas Corpus (General)); the County code has been modified to New York;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Anthony Ryan Enriquez. The party information for the following party/parties has been modified: Diego Dilan Rodiguez Ordonez, Acting Sec. of DHS Chad Wolf, Thomas Decker, Linda Hyde (in her official capacity as Juvenile Coordinator in the New York Field Office for U.S. Immigration and Customs Enforcement), Director of ORR Jonathan Hildreth Hayes, William Barr. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Anthony Ryan Enriquez to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Civil cover sheet was not signed. Multiple Jurisdictions were selected. (pc) |
| CASE REFERRED TO Judge Andrew L. Carter, Jr. as possibly related to 19cv1544. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) |
| Case Designated ECF. (pc) |
| Filing 3 RELATED CASE AFFIRMATION of Anthony Enriquez re: that this action be filed as related to 19-cv-01544. Document filed by Diego Dilan Rodiguez Ordonez..(Enriquez, Anthony) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Enriquez, Anthony) Modified on 2/28/2020 (pc). |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-18938946)Document filed by Diego Dilan Rodiguez Ordonez. (Attachments: #1 Civil Cover sheet, #2 Exhibit Proposed exhibits, #3 Related case statement, #4 Proposed order).(Enriquez, Anthony) |
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