Brito v. Mayorkas et al.
| Jose A. Brito |
| Alejandro Mayorkas and Buffalo Federal Detention Facility |
| 1:2021cv07520 |
| September 8, 2021 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 in |
| None |
Docket Report
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Filing 9
ORDER denying #6 Motion for Writ of Mandamus. The Court lacks jurisdiction over this improperly venued habeas petition. The plaintiff is incarcerated in Buffalo. This action is hereby sua sponte transferred to he Western District of New York, where the emergency motion for release can be heard promptly.. (Signed by Judge Colleen McMahon on 9/30/2021) (kv)
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Western District of New York.(kv) |
| Received e-mail from the United States District Court - Western District of New York acknowledging receipt of transferred case. Assigned Case Number: 1:21-cv-01077, filed on 10/01/2021. (sjo) |
| Filing 8 LETTER MOTION to Expedite consideration of the government's objection to venue addressed to Judge Colleen McMahon from AUSA Michael J. Byars dated September 29, 2021. Document filed by Buffalo Federal Detention Facility, Alejandro Mayorkas..(Byars, Michael) |
| Filing 7 NOTICE OF APPEARANCE by Michael James Byars on behalf of Buffalo Federal Detention Facility, Alejandro Mayorkas..(Byars, Michael) |
| Filing 6 FIRST MOTION for Writ of Mandamus as to ALEJANDRO ET AL . Document filed by Jose A. Brito. (Attachments: #1 Exhibit NOTICE OF APPEAL TO SECOND CIRCUIRT, #2 Exhibit MOTION TO VACATE CONVICTION, #3 Exhibit EXHIBITS TO MOTION TO VACATE CONVICTION, #4 Exhibit ORDER ON MOTION TO VACATE).(Salis, Owolabi) |
| Filing 5 CERTIFICATE OF SERVICE of Summons and Petition for Writ of Habeas Corpus served. All Defendants. Service was made by MAIL. Document filed by Jose A. Brito..(Salis, Owolabi) |
| Filing 4 CIVIL COVER SHEET filed..(Salis, Owolabi) |
| Case Designated ECF. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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..(gp) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp) |
| Filing 3 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-25067309)Document filed by Jose A. Brito..(Salis, Owolabi) |
| Filing 2 CERTIFICATE OF SERVICE of Summons and Petition for Writ of Habeas Corpus, served. All Defendants. Service was made by MAIL. Document filed by Jose A. Brito..(Salis, Owolabi) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Owolabi M Salis. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Owolabi M Salis. The party information for the following party/parties has been modified: Jose A. Brito, Director Alejandro Mayorkas, Buffalo Detention Facility. 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;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Owolabi M Salis. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Owolabi M Salis to RE-FILE Document No. #1 Petition for Writ of Habeas Corpus,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Plaintiff information does not match. Re-file the pleading using the event type Petition for Writ of Habeas Corpus found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 9/14/2021. (pc) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-25035331)Document filed by Jose A. Brito..(Salis, Owolabi) Modified on 9/9/2021 (pc). |
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