Simonaj v. Garland et al
| Armando Simonaj |
| Attorney General Merrick Brian Garland, Secretary, USDHS ALEJANDRO MAYORKAS, Acting Director Patrick J. Lechleitner, Field Office Directo Kenneth Genalo and T Normand |
| Merrick Garland, Alejandro Mayorkas, Patrick Lechleitner and Kenneth Genalo |
| 1:2023cv10322 |
| November 27, 2023 |
| US District Court for the Southern District of New York |
| Sarah L Cave |
| Jennifer H Rearden |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 1441 hb Removal - Petition of Habeas Corpus |
| None |
Docket Report
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Filing 3
ORDER TO SHOW CAUSE: Accordingly, Mr. Gjoni is ORDERED to show cause by January 29, 2024 why the Petition should not be dismissed under Federal Rule of Civil Procedure 41(b) for failure to prosecute or Federal Rule of Civil Procedure 16(f) for failure to comply with a Court Order. See Sumpter v. Sears, No. 09 Civ. 689 (KAM), 2012 WL 95214, at *3 (E.D.N.Y. Jan. 12, 2012) (dismissing habeas petition "under Federal Rule of Civil Procedure 41(b) for petitioner's failure to prosecute and comply with the court's orders"). Mr. Gjoni may satisfy this Order by filing either (i) a corrected Petition that meets the filing requirements of S.D.N.Y. Elec. Case Filing Rules & Instructions 8, or (ii) a declaration explaining why the Court should deem the signature on the Petition to comport with those requirements. Mr. Gjoni is warned that failure to comply with this Order will result in a recommendation that the Petition be dismissed without prejudice. (Signed by Magistrate Judge Sarah L. Cave on 1/19/2024) (vfr)
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Filing 2
ORDER: Accordingly, the Court ORDERS that Mr. Gjoni refile the corrected Petition by January 3, 2024. Mr. Gjoni is warned that the failure to file the corrected Petition may result in a recommendation that this action be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b). ( Amended Pleadings due by 1/3/2024.) (Signed by Magistrate Judge Sarah L. Cave on 12/28/2023) (ate)
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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus. Referred to Magistrate Judge Sarah L. Cave. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 12/15/23) (yv) (yv).
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| Case Designated ECF. (jgo) |
| Magistrate Judge Sarah L. Cave is designated to handle matters that may be referred in this case. 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Sam Gjoni to RE-FILE Document No. #1 Petition for Writ of Habeas Corpus. The filing is deficient for the following reason(s): the pleading was not properly signed by the attorney. 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. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Sam Gjoni. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Sam Gjoni. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt); Fee Status code due (due);. The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the Fee Status code has been modified to pd (paid);. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Sam Gjoni. The party information for the following party/parties has been modified: Merrick Brian Garland; ALEJANDRO MAYORKAS; Patrick J. Lechleitner; Kenneth Genalo; T Normand. 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;. (jgo) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-28612884)Document filed by Armando Simonaj..(Gjoni, Sam) Modified on 11/28/2023 (jgo). |
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