Clarke v. Barr et al
| Demor Lavande Clarke |
| William Barr, Jeffrey Searls and Thomas Feeley |
| 1:2019cv01371 |
| October 7, 2019 |
| US District Court for the Western District of New York |
| Lawrence J Vilardo |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
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This docket was last retrieved on November 26, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 TEXT ORDER granting the respondents' motion to dismiss, Docket Item #4 . The petitioner has been released from the administrative custody of the Department of Homeland Security, Customs and Immigration Enforcement ("DHS") and removed from the United States. Docket Item #4 -1 at 2. Because the only relief that the petitioner sought was release from DHS custody, see Docket Item #1 at 9-10, he "is no longer subject to the condition that caused his alleged deprivation, and as a result, this Court lacks subject matter jurisdiction to further examine the merits of the petition," see Harvey v. Holder, 63 F. Supp. 318, 321 (W.D.N.Y. 2014). The Clerk of Court shall close this case. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/26/19. (CEH).-CLERK TO FOLLOW UP- |
| Filing 5 MEMORANDUM IN SUPPORT re #4 MOTION to Dismiss byWilliam Barr, Thomas Feeley, Jeffrey Searls. (Moar, Daniel) |
| Filing 4 MOTION to Dismiss by William Barr, Thomas Feeley, Jeffrey Searls. (Attachments: #1 Exhibit A)(Moar, Daniel) |
| Filing 3 Plaintiff mailed copy of #2 Order. (SG) |
Filing 2
ORDER that within 45 days of the date of this order, Respondent shall file and serve an answer and memorandum of law; Petitioner shall have 25 days upon receipt of the answer to file a written response; the Clerk of Court shall serve a copy of the petition and this order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. Signed by Hon. Lawrence J. Vilardo on 10/18/19. (Attachments: #1 Petition)(SG)
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Demor Lavande Clarke.(CGJ) |
| Filing fee received: $ 5.00, receipt number ROC011785 (CGJ) |
| Remark: Petitioner has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, and a civil case timeline. (CGJ) |
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