Zhu v. Houghton et al
| Dan Zhu |
| NY District Director Timothy Houghton, US Attorney General Merrick Garland, Secretary of DHS Alejandro Mayorkas, California Service Center, Timothy Houghton, Merrick Garland and Alejandro Mayorkas |
| 1:2023cv03945 |
| May 11, 2023 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Other Immigration Actions |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on June 1, 2023. A more recent docket listing may be available from PACER.
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Filing 27
STIPULATION OF DISMISSAL: IT IS STIPULATED AND AGREED, by and between the parties, that this action shall be and hereby is dismissed without prejudice and without costs or attorney's fees to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. The parties have stipulated to the dismissal of this action under F.R.C.P. 41(a)(1)(A)(ii). The Clerk of Court is directed to close this case.SO ORDERED. (Signed by Judge Gregory H. Woods on 6/01/2023) (ama)
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| Filing 26 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) All Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Alejandro Mayorkas, Merrick Garland, Timothy Houghton, California Service Center. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Pham, Nancy) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Nancy Pham. RE-FILE Document No. #24 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong party/parties whom the voluntary dismissal is against was/were selected. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km) |
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Filing 25
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf). The executed form should be filed on ECF as a "Proposed Consent to Jurisdiction by US Magistrate Judge," and be described using the "Proposed Consent to Jurisdiction by US Magistrate Judge" filing event in accordance with ECF Rule 13.27. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/30/2023) (ama)
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| Filing 24 FILING ERROR - DEFICIENT DOCKET ENTRY - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) All Defendants and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Alejandro Mayorkas, Merrick Garland, Timothy Houghton, California Service Center. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Pham, Nancy) Modified on 5/31/2023 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Nancy Pham. RE-FILE Document No. #23 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong party/parties whom the voluntary dismissal is against was/were selected. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km) |
| Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) All Defendants and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Alejandro Mayorkas, Merrick Garland, Timothy Houghton, California Service Center. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Pham, Nancy) Modified on 5/30/2023 (km). |
| Filing 22 NOTICE OF APPEARANCE by Nancy Pham on behalf of California Service Center, Merrick Garland, Timothy Houghton, Alejandro Mayorkas..(Pham, Nancy) |
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Filing 21
NOTICE OF INITIAL CONFERENCE: The conference will be conducted by telephone. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(B) of the Court's Individual Rules. SO ORDERED. Initial Conference set for 9/19/2023 at 03:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 5/15/2023) (tg)
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| Filing 20 SUMMONS ISSUED as to California Service Center.(gp) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to Alejandro Mayorkas, U.S. Attorney and U.S. Attorney General..(gp) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Merrick Garland, U.S. Attorney and U.S. Attorney General..(gp) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Timothy Houghton, U.S. Attorney and U.S. Attorney General..(gp) |
| 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..(gp) |
| 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. (gp) |
| Case Designated ECF. (gp) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to CALIFORNIA SERVICE CENTER, re: #12 Complaint/Petition in the Nature of Mandamus. Document filed by Dan Zhu..(Jia, Jason) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Alejandro Mayorkas, re: #12 Complaint/Petition in the Nature of Mandamus. Document filed by Dan Zhu..(Jia, Jason) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Merrick Garland, re: #12 Complaint/Petition in the Nature of Mandamus. Document filed by Dan Zhu..(Jia, Jason) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Timothy Houghton, re: #12 Complaint/Petition in the Nature of Mandamus. Document filed by Dan Zhu..(Jia, Jason) |
| Filing 12 COMPLAINT IN THE NATURE OF MANDAMUS against California Service Center, Merrick Garland, Timothy Houghton, Alejandro Mayorkas.Document filed by Dan Zhu. (Attachments: #1 Exhibit Exhibits).(Jia, Jason) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to CALIFORNIA SERVICE CENTER, re: #7 Complaint/Petition in the Nature of Mandamus. Document filed by Dan Zhu..(Jia, Jason) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Alejandro Mayorkas, re: #7 Complaint/Petition in the Nature of Mandamus. Document filed by Dan Zhu..(Jia, Jason) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Merrick Garland, re: #7 Complaint/Petition in the Nature of Mandamus. Document filed by Dan Zhu..(Jia, Jason) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Timothy Houghton, re: #7 Complaint/Petition in the Nature of Mandamus. Document filed by Dan Zhu..(Jia, Jason) |
| Filing 7 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AMENDED COMPLAINT IN THE NATURE OF MANDAMUS against California Service Center, Merrick Garland, Timothy Houghton, Alejandro Mayorkas.Document filed by Dan Zhu. (Attachments: #1 Exhibit Exhibits).(Jia, Jason) Modified on 5/12/2023 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jason Jia to RE-FILE Document No. #7 Complaint/Petition in the Nature of Mandamus,. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading;. Re-file the pleading using the event type Complaint/Petition in the Nature of Mandamus 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 5/17/2023. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jason Jia. The party information for the following party/parties has been modified: California Service Center, Merrick Garland, Timothy Houghton, Alejandro Mayorkas. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jason Jia to RE-FILE Document No. #4 Request for Issuance of Summons, #5 Request for Issuance of Summons, #2 Request for Issuance of Summons, #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading.;. 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 DEFICIENT PLEADING. Notice to Attorney Jason Jia to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading;. Re-file the pleading using the event type Complaint/Petition in the Nature of Mandamus 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 5/17/2023. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jason Jia to RE-FILE Document No. #11 Request for Issuance of Summons, #8 Request for Issuance of Summons, #9 Request for Issuance of Summons, #10 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. 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 6 CIVIL COVER SHEET filed..(Jia, Jason) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to CALIFORNIA SERVICE CENTER, re: #1 Complaint. Document filed by Dan Zhu..(Jia, Jason) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Alejandro Mayorkas, re: #1 Complaint. Document filed by Dan Zhu..(Jia, Jason) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Merrick Garland, re: #1 Complaint. Document filed by Dan Zhu..(Jia, Jason) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Timothy Houghton, re: #1 Complaint. Document filed by Dan Zhu..(Jia, Jason) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - COMPLAINT against California Service Center, Merrick Garland, Timothy Houghton, Alejandro Mayorkas. (Filing Fee $ 402.00, Receipt Number ANYSDC-27725085)Document filed by Dan Zhu. (Attachments: #1 Exhibit Exhibits).(Jia, Jason) Modified on 5/12/2023 (pc). |
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