Cheng v. Garland

Cheng v. Garland

Plaintiff:	Sheng-Wen Cheng
Defendant:	Merrick Garland
Case Number:	1:2023cv00229
Filed:	January 10, 2023
Court:	US District Court for the Southern District of New York
Presiding Judge:	Vernon S Broderick
Nature of Suit:	Mandamus & Other
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on November 8, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
April 28, 2023	Mailed a copy of dkt. no. #17 and #18 in 23-cv-229, and dkt. no. 22, 23, and 24 in 22-cv-10536, to Sheng-Wen Cheng, 05261-509-K1 at Federal Medical Center, PMB 4000, 14604, Rochester, MN 55903. (kh)
April 27, 2023	Filing 24 ORDER with respect to #17 Motion to Dismiss. Accordingly, it is hereby ORDERED that Cheng respond to the Government's motion to dismiss or file an amended complaint by June 11, 2023. The Clerk of Court is respectfully directed to mail copies of the Government's motion to dismiss papers at Docs. 22-24 in 22-cv-10536, and Docs. 17 and 18 in 23-cv-229 to Cheng. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 4/27/2023) (kv)
April 27, 2023	Set/Reset Deadlines: Amended Pleadings due by 6/11/2023. Responses due by 6/11/2023 (kv)
April 24, 2023	Filing 23 LETTER addressed to Judge Vernon S. Broderick from Sheng-Wen Cheng, dated 4/17/23 re: I am submitting this letter -motion to request an additional thirty days to respond to the Government's Motion to Dismiss to both of my actions etc. I am asking for an extension because I was transferred from FCI Sandstone to Federal Medical Center Rochester before the Government's response deadline. I still have not received the Government's Motion to Dismiss etc. Document filed by Sheng-Wen Cheng.(sc)
April 20, 2023	Filing 22 CERTIFICATE OF SERVICE of Government's Motion to Dismiss served on Sheng-Wen Cheng on April 20, 2023. Service was made by Mail. Document filed by Merrick Garland..(Rosenbaum, Jessica)
April 14, 2023	Mailed a copy of #21 Memo Endorsement to Sheng-Wen Cheng, 05261-509-K1 at Federal Medical Center, PMB 4000, 14604, Rochester, MN 55903. (kh)
April 13, 2023	Filing 21 MEMO ENDORSEMENT on re: #20 Letter filed by Sheng-Wen Cheng. ENDORSEMENT: APPLICATION GRANTED. The Clerk of Court is respectfully directed to mail copies of the filings at Docs. 17, 18, and 19 in Case No. 22-cv-10536 to Plaintiff at his present address. Docs. 17, 18, and 19 in Case No. 22-cv-10536 are identical to those filed in Case No. 23-cv-229. The Clerk of Court is further respectfully directed to file this order in Case Nos. 22-cv-10536 and 23-cv-229. The Clerk of Court is further respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/13/2023) (kv)
April 12, 2023	Filing 20 LETTER addressed to Honorable Clerk of Court from Sheng-Wen Cheng dated 4/5/23 re: address change. Document filed by Sheng-Wen Cheng, Sheng-Wen Cheng, Sheng-Wen Cheng.(yv)
April 10, 2023	Filing 19 CERTIFICATE OF SERVICE of Motion to Dismiss served on Sheng-Wen Cheng on April 10, 2023. Service was made by Mail. Document filed by Merrick Garland..(Rosenbaum, Jessica)
April 10, 2023	Filing 18 MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss . . Document filed by Merrick Garland..(Rosenbaum, Jessica)
April 10, 2023	Filing 17 MOTION to Dismiss . Document filed by Merrick Garland..(Rosenbaum, Jessica)
March 17, 2023	Filing 16 MARSHALS PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint/Petition in the Nature of Mandamus served. Merrick Garland, served on 3/9/2023, answer due 5/8/2023. Service was accepted by Lisa Ahearn o/b/o U.S. Attorney's Office SDNY, 86 Chambers St., NY, NY 10007. Document filed by Sheng-Wen Cheng. (sc)
March 10, 2023	MAILING RECEIPT: Document No: 15. Mailed to: Sheng-Wen Cheng 05261-509-K1 P.O. Box 1000 Sandstone, MN 55072. (dsh)
March 9, 2023	Filing 15 MEMO ENDORSEMENT on re: #13 Letter filed by Merrick Garland. ENDORSEMENT: APPLICATION GRANTED. The Government shall respond to Plaintiff's complaint by April 12, 2023. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED. Merrick Garland answer due 4/12/2023. (Signed by Judge Vernon S. Broderick on 3/9/2023) (kv)
March 9, 2023	Filing 14 CERTIFICATE OF SERVICE of Notice of Appearance and Letter (ECF Nos. 12, 13) served on Sheng-Wen Cheng on March 9, 2023. Service was made by Mail. Document filed by Merrick Garland..(Rosenbaum, Jessica)
March 9, 2023	Filing 13 LETTER addressed to Judge Vernon S. Broderick from Jessica F. Rosenbaum dated March 9, 2023 re: Service of Complaint and Proposed Deadline for Response. Document filed by Merrick Garland..(Rosenbaum, Jessica)
March 9, 2023	Filing 12 NOTICE OF APPEARANCE by Jessica F. Rosenbaum on behalf of Merrick Garland..(Rosenbaum, Jessica)
March 9, 2023	MAILING RECEIPT: Document No: 11. Mailed to: Sheng-Wen Cheng 05261-509-K1 P.O. Box 1000 Sandstone, MN 55072. (dsh)
March 8, 2023	Filing 11 ENDORSED LETTER addressed to Judge Vincent L. Broderick from DAMIAN WILLIAMS dated 3/7/2023 re: I write respectfully to request a 30-day extension of time for the government to respond to the complaint, until April 12, 2023.. ENDORSEMENT: APPLICATION GRANTED. The Government shall respond to Plaintiffs complaint by U.S. Department of Justice United States Attorney Southern District of New York 86 Chambers Street New York, New York 10007 April 12, 2023. A related case premised on substantially March 7, 2023 similar questions of law and fact and involving the same plaintiff is currently pending before me. See Cheng v. Garland, 23-cv-229. Plaintiff, who is proceeding prose and informa pauperis, is relying on the U.S. Marshals for service. He has inquired into the status of service in his cases. (Doc. 11.) Accordingly, by March 13, 2023, the Government shall file a letter stating (1) whether service has been achieved or they are consenting to service in 22-cv-10536 and 23 cv-229, and (2) whether the Government seeks a concomitant extension in 23-cv-229 given the related subject matter. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/8/2023) (kv)
March 6, 2023	Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Sheng-Wen Cheng, 05261-509-K1, at Federal Correctional Institution Sandstone, P.O. Box 1000, Sandstone, MN 55072 on 03/06/2023. (ta)
March 3, 2023	Filing 10 LETTER from Sheng-Wen Cheng, dated 2/24/23 re: I am writing to inquire of the update of the serving of the two complaints I have filed in this honorable Court, 22cv10536 and 23cv229. Please send me an update or point me to the right direction to get the information about the serving of either complaint. Document filed by Sheng-Wen Cheng.(sc)
March 3, 2023	Request for Copies of the updated Docket Sheet Received: Re (10 in 1:23-cv-00229-VSB, 11 in 1:22-cv-10536-VSB) Letter, Request for Docket Report, from Sheng-Wen Cheng received on 3/3/23. Transmission to Pro Se Assistants for processing. (sc)
February 1, 2023	Filing 9 INFORMATION PACKAGE MAILED to Sheng-Wen Cheng, 05261-509-K1, at Federal Correctional Institution Sandstone, P.O. Box 1000, Sandstone, MN 55072, on 2/1/2023 Re: #7 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (sha)
February 1, 2023	Filing 8 SUMMONS ISSUED as to Merrick Garland. (sha)
February 1, 2023	Mailed a copy of #6 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of FCI Sandstone 2300 COUNTY RD 29 SANDSTONE, MN 55072. (dsh)
February 1, 2023	FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 2/1/2023 Re: Judge Vernon S. Broderick #7 Order of Service. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) Merrick Garland. (sha)
January 31, 2023	Filing 7 ORDER OF SERVICE: The Clerk of Court is instructed to issue a summons for Defendant, complete the USM- 285 form with the addresses for Defendant, mark the box on the USM-285 form labeled "Check for service on U.S.A.," and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail an information package to Plaintiff. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/31/2023) (kv) Transmission to Pro Se Assistants for processing.
January 31, 2023	Filing 6 ORDER GRANTING IFP APPLICATION IN PRISONER CASE: The Clerk of Court is directed to send a copy of this Order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/31/2023) (kv)
January 30, 2023	Filing 5 PRISONER AUTHORIZATION. Document filed by Sheng-Wen Cheng.(sc)
January 30, 2023	Filing 4 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Sheng-Wen Cheng.(sc)
January 18, 2023	MAILING RECEIPT: Document No: 3. Mailed to: Sheng-Wen Cheng 05261-509-K1 P.O. Box 1000 Sandstone, MN 55072. (dsh)
January 17, 2023	Filing 3 ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION AND PRISONER AUTHORIZATION: Plaintiff submitted the complaint without the filing fees or a completed IFP application and prisoner authorization. Within thirty days of the date of this order, Plaintiff must either pay the $402.00 in fees or submit the attached IFP application and prisoner authorization forms. If Plaintiff submits the IFP application and prisoner authorization, they should be labeled with docket number 23-CV-0229 (VSB). No summons shall issue at this time. If Plaintiff complies with this order, the case shall be processed in accordance with the procedures of the Clerks Office. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. Filing Fee due by 2/16/2023. In Forma Pauperis (IFP) Application due by 2/16/2023. Prisoner Authorization Form due by 2/16/2023. (Signed by Judge Vernon S. Broderick on 1/17/2023) (kv)
January 17, 2023	Mailed a copy of Notice of Case Assignment/Reassignment to Sheng-Wen Cheng at 05261-509-K1 Federal Correctional Institution Sandstone P.O. Box 1000 Sandstone, MN 55072. (sac)
January 13, 2023	CASE ACCEPTED AS RELATED. Create association to 1:22-cv-10536-VSB. Notice of Assignment to follow. (vba)
January 13, 2023	NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Unassigned is no longer assigned to the case. (vba)
January 13, 2023	Magistrate Judge Sarah L. Cave 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. (vba)
January 10, 2023	Filing 1 COMPLAINT IN NATURE OF MANDAMUS against Merrick Garland.Document filed by Sheng-Wen Cheng..(rdz)
January 10, 2023	Case Designated ECF. (rdz)

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Plaintiff: Sheng-Wen Cheng
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Defendant: Merrick Garland
Represented By:	Jessica F. Rosenbaum
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