Chen v. Jaddou et al.
| Hanbo Chen |
| Ur M. Jaddou, Alejandro Mayorkas, Michael Borgen, Jane/John Doe and Director of USCIS Potomac Service Center |
| 1:2022cv05640 |
| July 1, 2022 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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Filing 12
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) Hanbo Chen and of their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Ur M. Jaddou (USCIS), Alejandro Mayorkas (DHS). Michael Borgen (USCIS), and Director (USCIS). The Clerk is directed to close this case. So ordered. (Signed by Judge J. Paul Oetken on 7/15/2022) (ate)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #11 Notice of Voluntary Dismissal, was reviewed and referred to Judge J. Paul Oetken for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) |
| Filing 11 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Michael Borgen, Director of USCIS Potomac Service Center, Ur M. Jaddou, Alejandro Mayorkas. Document filed by Hanbo Chen. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Zigismund, Michael) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Michael Zigismund. RE-FILE Document No. #10 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the individual party/parties whom the voluntary dismissal is against was/were not selected. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct individual filer/filers - select the correct individual party/parties the voluntary dismissal is against - and attach the correct signed PDF. (tp) |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST PARTY ERROR - NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) All Defendants. Document filed by Hanbo Chen. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Zigismund, Michael) Modified on 7/13/2022 (tp). |
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Filing 9
ORDER granting #8 Motion to Amend/Correct #8 MOTION to Amend/Correct #1 Complaint/Petition in the Nature of Mandamus, . Plaintiff's Motion to Amend is GRANTED. The Clerk of Court is directed to amend the caption to replace Defendant "John/Jane Doe" with Defendant "Director of USCIS Potomac Service Center." The Clerk shall close Dkt. No. 8. (Signed by Judge J. Paul Oetken on 7/11/2022) (ate)
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| Filing 8 MOTION to Amend/Correct #1 Complaint/Petition in the Nature of Mandamus, . Document filed by Hanbo Chen..(Zigismund, Michael) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Zigismund to RE-FILE Document No. #7 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; The Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B): a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Ur M. Jaddou (USCIS), Alejandro Mayorkas (USCIS), Michael Borgen (DHS), John/Jane Doe (USCIS), re: #1 Complaint/Petition in the Nature of Mandamus,. Document filed by Hanbo Chen..(Zigismund, Michael) Modified on 7/7/2022 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Zigismund to RE-FILE Document No. #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Defendant's names as to whom the summons request is for must be listed in the 'TO' field of the PDF; Filing Court not indicated on PDF; The Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B): a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Filing 6 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Ur M. Jaddou (USCIS), Alejandro Mayorkas (USCIS), Michael Borgen (DHS), John/Jane Doe (USCIS), re: #1 Complaint/Petition in the Nature of Mandamus. Document filed by Hanbo Chen..(Zigismund, Michael) Modified on 7/6/2022 (sj). |
| Filing 5 CIVIL COVER SHEET filed..(Zigismund, Michael) |
| Magistrate Judge James L. Cott 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Michael Zigismund to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Do not fill out citizenship of principal parties if Jurisdiction is not Diversity. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Zigismund. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 540 (Mandamus & Other); Fee Status code due (due);. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 899 (Other Statutes: Admin. Proced. Act/Review or Appeal of Agency Decision)); the Fee Status code has been modified to pd (paid);. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Zigismund to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Summonses can only be issued to parties listed on the complaint caption title;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Zigismund. The party information for the following party/parties has been modified: UR JADDOU, Alejandro Mayorkas, Michael Borgen, Jane/John Doe, Hanbo Chen. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party role was entered incorrectly; party text was omitted;. (pc) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hanbo Chen..(Zigismund, Michael) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Alejandro Mayorkas, Ur Jaddou, Michael Borgen, John/Jane Doe, re: #1 Complaint/Petition in the Nature of Mandamus,. Document filed by Hanbo Chen..(Zigismund, Michael) Modified on 7/5/2022 (pc). |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Zigismund, Michael) Modified on 7/5/2022 (pc). |
| Filing 1 COMPLAINT IN THE NATURE OF MANDAMUS against UR JADDOU, Alejandro Mayorkas, Michael Borgen, Jane/John Doe (Filing Fee $ 402.00, Receipt Number ANYSDC-26362486).Document filed by Hanbo Chen. (Attachments: #1 Affidavit Plaintiff affidavit, #2 Exhibit USCIS Receipt Notice).(Zigismund, Michael) |
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