Seemangal v. Decker et al
| MAIGHBARRAN SEEMANGAL |
| Acting Sec. of DHS Chad Wolf, Field Office Dir. Thomas Decker, Acting Secretary Chad Wolf and Director Thomas Decker |
| 1:2020cv03057 |
| April 15, 2020 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 in |
| None |
Docket Report
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| Document Text |
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| Received e-mail from the United States District Court - District of New Jersey acknowledging receipt of transferred case. Assigned Case Number: 2:20-cv-04361, filed on 04/16/2020. (sjo) |
Filing 4
ORDER: On April 15, 2020, Petitioner filed a petition for habeas corpus. Dkt No. 1. Because the petition asserts only a single "core" habeas claim, it is properly heard only in the petitioner's district of confinement. See Order to Show Cause, Torres Martinez v. Decker, No. 19 Civ. 8727 (GHW) (S.D.N.Y. Oct. 2, 2019), Dkt No. 7; Benitez v. An Unknown Immigration Officer Employed by the Department of Homeland Security, No. 19 Civ. 3153 (GHW) (S.D.N.Y. May 6, 2019), Dkt No. 3; see also Arriaga Reyes v. Decker, No. 20 Civ. 2737 (PAE) (S.D.N.Y. Apr. 2, 2020), Dkt No. 4, at 3 (collecting cases). Petitioner is currently detained in the Bergen County Jail in New Jersey, Dkt No. 1 paragraph 1, which is located in the judicial district of the United States District Court for the District of New Jersey. See 28 U.S.C. 110. For the reasons set forth in the Court's prior orders in Torres Martinez and Benitez and in accord with the weight of authority in this District, the Court holds sua sponte that it lacks venue over Petitioner's core habeas claim. The Court therefore transfers this case to the District of New Jersey forthwith and without delay. The Clerk of Court is further directed to terminate all pending motions, adjourn all remaining dates, and to close this case. In light of the need for urgent judicial attention to petitioners' claims, the Court waives the seven-day period provided in Local Civil Rule 83.1 to effectuate a transfer to a different district. (Signed by Judge Gregory H. Woods on 4/16/2020) (mro)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Gurhan Heinert to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): incorrect basis of jurisdiction selected - select (2 - U.S. Defendant). Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the corrected PDF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gurhan Heinert. The party information for the following party/parties has been modified: Maighbarran Seemangal, Thomas Decker, Chad Wolf. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (pne) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of New Jersey.(mro) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gurhan Heinert. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 463 (Habeas Corpus - Alien Detainee). The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 530 (Habeas Corpus (General)). (pne) |
| Case Designated ECF. (pne) |
| Magistrate Judge Gabriel W. Gorenstein 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. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne) |
| Filing 3 AFFIDAVIT OF SERVICE of Summons and Petition for Writ of Habeas Corpus,. Thomas Decker served on 4/15/2020, answer due 5/6/2020; Chad Wolf served on 4/15/2020, answer due 5/6/2020. Service was made by MAIL. Document filed by MAIGHBARRAN SEEMANGAL..(Heinert, Gurhan) |
| Filing 2 FILING ERROR - PDF ERROR -CIVIL COVER SHEET filed..(Heinert, Gurhan) Modified on 4/16/2020 (pne). |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-19459813)Document filed by MAIGHBARRAN SEEMANGAL. (Attachments: #1 Exhibit Exhibits A through H part 1, #2 Exhibit Exhibits A through H part 2, #3 Exhibit Letter from Dr. Franco Paredes, #4 Exhibit CV of Dr. Franco Paredes).(Heinert, Gurhan) |
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