Berrezueta v. Decker et al
| Segundo Jose Berrezueta |
| Thomas Decker and Chad Wolf |
| 1:2020cv10688 |
| December 18, 2020 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 fd |
| None |
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Filing 16
ORDER OF DISMISSAL: Accordingly, IT IS HEREBY ORDERED that this action is dismissed as moot without prejudice to Petitioner's ability to seek habeas relief from the appropriate court should he be redetained. The Clerk of Court is respectfully requested to terminate docket entry number 3 and close the case. SO ORDERED (Signed by Judge Mary Kay Vyskocil on 1/11/2021) (ama)
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| Filing 15 JOINT LETTER addressed to Judge Mary Kay Vyskocil from Joshua Kahane dated 1/8/21 re: status update. Document filed by Thomas Decker, Chad Wolf. (Attachments: #1 Amended Order of Supervision).(Kahane, Joshua) |
| Filing 14 LETTER addressed to Judge Mary Kay Vyskocil from Joshua Kahane dated 12/29/20 re: petitioner released. Document filed by Thomas Decker, Chad Wolf. (Attachments: #1 Order of Supervision).(Kahane, Joshua) |
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Filing 13
ORDER granting #12 Letter Motion to Adjourn Conference; granting #12 Letter Motion for Extension of Time. The parties' request to adjourn sine die the briefing deadlines and the hearing scheduled for January 5, 2021, is GRANTED. The parties shall file a joint status letter on or before January 8, 2021. (Signed by Judge Mary Kay Vyskocil on 12/28/2020) (mro)
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| Filing 12 JOINT LETTER MOTION to Adjourn Conference sine die addressed to Judge Mary Kay Vyskocil from Joshua Kahane dated 12/28/20., JOINT LETTER MOTION for Extension of Time sine die addressed to Judge Mary Kay Vyskocil from Joshua Kahane dated 12/28/20. Document filed by Thomas Decker, Chad Wolf..(Kahane, Joshua) |
| Filing 11 MEMO ENDORSEMENT on re: #10 Letter filed by Chad Wolf, Thomas Decker. ENDORSEMENT: The Court GRANTS the Government's request for an enlargement of the page limit for its opposition brief to fifty (50) pages. The Court also GRANTS Petitioner an enlargement of the page limit for his reply brief to twenty (20) pages. Petitioner shall file his reply brief on or before December 31, 2020. ( Replies due by 12/31/2020.) (Signed by Judge Mary Kay Vyskocil on 12/22/2020) (mro) |
| Filing 10 LETTER addressed to Judge Mary Kay Vyskocil from Joshua Kahane dated 12/22/20 re: page limit enlargement. Document filed by Thomas Decker, Chad Wolf..(Kahane, Joshua) |
| Filing 9 AFFIDAVIT OF SERVICE of Petition for Habeas Corpus, supporting Declarations of Jodi Ziesemer and Dr. Herman J. Gibb, and Motion for Temporary Restraining Order and Preliminary Injunction served on Thomas Decker; Chad Wolf on December 18, 2020. Service was accepted by Lisa Ahern, Civil Clerk. Service was made by Mail (Electronic). Document filed by Segundo Jose Berrezueta. (Attachments: #1 Affidavit of Service (December 18, 2020)).(Alderdice, Jacob) |
| Filing 8 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of Thomas Decker, Chad Wolf..(Kahane, Joshua) |
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Filing 7
ORDER TO SHOW CAUSE AND SCHEDULING ORDER: On December 18, 2020, Petitioner filed the Petition for Writ of Habeas Corpus Under 28 U.S.C. 2241 with an Emergency Motion for a Temporary Restraining Order and Preliminary Injunction [see ECF Nos. 15]. IT IS HEREBY ORDERED that Petitioner shall serve on Respondents the Petition and Emergency Motion with all supporting documents [ECF Nos. 15] and this Order no later than 5:00 PM on Monday, December 21, 2020, and file proof of such service on or before December 23, 2020. IT IS FURTHER ORDERED that Respondents shall file an opposition to Petitioner's Motion for a Temporary Restraining Order and Preliminary Injunction no later than 12:00 PM on December 29, 2020. IT IS FURTHER ORDERED that the parties shall appear for a hearing on Petitioner's Motion for a Temporary Restraining Order and Preliminary Injunction on January 5, 2021, at 2:30 PM. The hearing will be held telephonically. To join the hearing, dial 888-278-0296 and enter access code 5195844. (Signed by Judge Mary Kay Vyskocil on 12/18/2020) (mro)
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| Filing 6 NOTICE OF APPEARANCE by Jacob D. Alderdice on behalf of Segundo Jose Berrezueta..(Alderdice, Jacob) |
| Filing 5 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Segundo Jose Berrezueta. Related Document Number: #3 ..(Weissmann, Andrew) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 4 MEMORANDUM OF LAW in Support re: #3 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction. . Document filed by Segundo Jose Berrezueta..(Weissmann, Andrew) |
| Filing 3 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction. Document filed by Segundo Jose Berrezueta..(Weissmann, Andrew) |
| Filing 2 CIVIL COVER SHEET filed..(Weissmann, Andrew) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-23100850)Document filed by Segundo Jose Berrezueta. (Attachments: #1 Declaration of Jodi Ziesemer in Support of Petitioner's Petition for Habeas Corpus, and Motion for Temporary Restraining Order and Preliminary Injunction, #2 Exhibit 1, #3 Declaration of Dr. Herman J. Gibb in Support of Petition for Habeas Corpus and Motion for Temporary Restraining Order and Preliminary Injunction, #4 Exhibit A).(Weissmann, Andrew) |
| Magistrate Judge Debra C. Freeman 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. (pc) |
| Set/Reset Deadlines: ( Responses due by 12/29/2020, Service due by 12/21/2021.), Set/Reset Hearings:( Telephone Conference set for 1/5/2021 at 02:30 PM before Judge Mary Kay Vyskocil.) (mro) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #5 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(pc) |
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