Rodriguez et al v. Barr et al
| Olvin Geovany Rodriguez |
| Chad Wolf, Immigrations & Customs Enforcement, Thomas Decker, William P. Joyce, William Barr and U.S. Department of Homeland Security |
| 1:2020cv00424 |
| April 8, 2020 |
| US District Court for the Western District of New York |
| Lawrence J Vilardo |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on April 21, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 28 JUDGMENT in favor of Immigrations & Customs Enforcement, U.S. Department of Homeland Security, Chad Wolf, Thomas Decker, William Barr, William P. Joyce against Olvin Geovany Rodriguez. Signed by Hon. Lawrence J. Vilardo on 4/21/20. Copy mailed to pro se petitioner. (JHF) |
Filing 27
ORDER granting the respondents' motion to dismiss for failure to state a claim, Docket Item #19 . Rodriguez's petition, Docket Item #1 , is DISMISSED. The Clerk of Court shall close this case. The respondents shall hand-deliver a copy of this order to the pro se petitioner. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 4/20/2020. (RFI)-CLERK TO FOLLOW UP-
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| E-Filing Notification: Clerk revised the docket text of #25 CERTIFICATE OF SERVICE #26 DECLARATION in Support to clarify the filing events. Additionally, please note that the case number in the caption of #26 DECLARATION in Support is incorrect. Please ensure that all future documents have the correct case number. No attorney follow-up action required. (JHF) |
| Remark: Petitioner mailed a copy of document 27. (KM) |
| Filing 26 DECLARATION in Support in re #19 Motion to Dismiss for Failure to State a Claim filed by William Barr, Thomas Decker, Immigrations & Customs Enforcement, William P. Joyce, U.S. Department of Homeland Security, Chad Wolf. (Attachments: #1 Certificate of Service) (Khalil, Adam) Modified on 4/20/2020 (JHF). |
| Filing 25 CERTIFICATE OF SERVICE by William Barr, Thomas Decker, Immigrations & Customs Enforcement, William P. Joyce, U.S. Department of Homeland Security, Chad Wolf re #23 MOTION for Extension of Time to File Response/Reply and 24 Text Order. (Khalil, Adam) Modified on 4/20/2020 (JHF). |
| Filing 24 TEXT ORDER granting #23 MOTION for Extension of Time to File Response/Reply as to 22 Text Order, filed by William Barr, U.S. Department of Homeland Security, Chad Wolf, William P. Joyce, Immigrations & Customs Enforcement, Thomas Decker. The respondents' reply in support of their motion to dismiss is due by 11:59 p.m. on 4/17/2020. The respondents shall hand-deliver a copy of this text order to the pro se petitioner. Issued by Hon. Lawrence J. Vilardo on 4/17/2020. (RFI) |
| Filing 23 MOTION for Extension of Time to File Response/Reply as to 22 Text Order,, by William Barr, Thomas Decker, Immigrations & Customs Enforcement, William P. Joyce, U.S. Department of Homeland Security, Chad Wolf.(Khalil, Adam) |
| Filing 22 TEXT ORDER. The respondents shall file a reply in support of their motion to dismiss by 5:00 p.m. on Friday, April 17. In particular, the respondents shall address whether Rodriguez meets the Centers for Disease Controls definition of a vulnerable individual, see Jones v. Wolf, No. 20-CV-361, 2020 WL 1643857, at *14 (W.D.N.Y. Apr. 2, 2020), based on the medical evidence that he submitted, see Docket Items 21-1 and 21-2. The respondents shall hand-deliver a copy of their reply and this text order to the pro se petitioner. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/16/2020. Modified to add directive to respondents on 4/16/2020 (CMD). |
| Filing 21 RESPONSE in Opposition re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Olvin Geovany Rodriguez. (Attachments: #1 Exhibit A-F, #2 Exhibit G-Q)(Khalil, Adam) |
| Filing 20 DECLARATION filed by William Barr, Thomas Decker, Immigrations & Customs Enforcement, William P. Joyce, U.S. Department of Homeland Security, Chad Wolf of AUSA Khalil. (Attachments: #1 Exhibit, #2 Certificate of Service)(Khalil, Adam) |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by William Barr, Thomas Decker, Immigrations & Customs Enforcement, William P. Joyce, U.S. Department of Homeland Security, Chad Wolf. (Attachments: #1 Declaration of Dr Montalvo, #2 Memorandum in Support of MTD)(Khalil, Adam) |
| Copy of #17 Order and #1 petition sent electronically via a Notice of Electronic Filing to Adam A. Khalil and USANYW-Immigration-Habeas@usdoj.gov. (JHF) |
| Filing 18 NOTICE of Appearance by Adam A. Khalil on behalf of William Barr, Thomas Decker, Immigrations & Customs Enforcement, William P. Joyce, U.S. Department of Homeland Security, Chad Wolf (Khalil, Adam) |
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Filing 17
ORDER The respondents shall file and serve an answer responding to the allegations in the petition on or before Monday, April 13, 2020; and it is further ORDERED that on or before Monday, April 13, 2020, the respondents shall file and serve, in addition to their answer, a memorandum of law addressing each of the issues raised in the petition and including citations to supporting authority; and it is further ORDERED that on or before Monday, April 13, 2020, instead of their answer, the respondents may file a motion to dismiss the petition, accompanied by appropriate exhibits demonstrating that an answer to the petition is unnecessary; and it is further ORDERED that the respondents shall serve their responsive papers, along with a copy of this order, on the petitioner by hand on or before Monday, April 13, 2020; and it is further ORDERED that the petitioner shall submit a written reply to the BFDF staff on or before Thursday, April 16, 2020; and it is further ORDERED that the respondents' counsel shall upload the petitioner's reply to CM-ECF by 9:00 a.m. on Friday, April 17, 2020. Signed by Hon. Lawrence J. Vilardo on 4/9/2020. (Attachments: #1 Petition)(RFI)-CLERK TO FOLLOW UP-
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| Remark: Petitioner mailed the Pro Se packet which includes: Privacy Notice, Consent to Proceed before a Magistrate Judge, civil case timeline and Pro Se Assistance Program Information.(KM) |
| Remark: Clerk mail a copy of #17and 17-1 to Olvin Geovany Rodriguez (MD) |
| Filing 16 Case transferred in from District of New York Southern; Case Number 1:20-cv-02765. |
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Filing 15
ORDER granting #13 Letter Motion to Expedite. IT IS HEREBY ORDERED that Petitioners' writ of habeas corpus is severed and the Clerk of Court is respectfully directed to transfer the cases to the following districts: Petitioner Beswick's case to the Southern District of Mississippi; Petitioner Castrillo to the District of New Jersey; Petitioner Rodriguez to the Western District of New York;Petitioner Mogena-Jimenez to the District of New Jersey. Given the significant liberty interests at stake, the time-sensitivity of Petitioners' claims, and the risks to Petitioners' health posed by the rapid spread of COVID-19, the Court waives the seven-day waiting period customarily afforded under Local Civil Rule 83.1 and directs the Clerk to effectuate the transfer as soon as possible. The Clerk of Court is also directed to note on the docket that this Order has been mailed to Petitioners by Chambers. (Signed by Judge Valerie E. Caproni on 4/6/2020) Copies Mailed By Chambers. (tro) Modified on 4/6/2020 (tro). [Transferred from nysd on 4/8/2020.]
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| Filing 14 PETITIONERS' APPLICATION FOR ORDER TO SHOW CAUSE AND PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER.(kgo) (kgo). [Transferred from nysd on 4/8/2020.] |
| Filing 13 LETTER MOTION to Expedite consideration of severing this action and transferring each petitioner's claims to their respective districts of confinement addressed to Judge Valerie E. Caproni from AUSA Michael J. Byars dated April 6, 2020. Document filed by William Barr, Thomas Decker, Immigrations & Customs Enforcement, William P. Joyce, U.S. Department of Homeland Security, Chad Wolf..(Byars, Michael) [Transferred from nysd on 4/8/2020.] |
| Filing 12 NOTICE OF APPEARANCE by Michael James Byars on behalf of William Barr, Thomas Decker, Immigrations & Customs Enforcement, William P. Joyce, U.S. Department of Homeland Security, Chad Wolf..(Byars, Michael) [Transferred from nysd on 4/8/2020.] |
| PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Geovany Rodriguez only, from the U.S.D.C. Southern District of New York to the United States District Court - Western District of New York.(tro) [Transferred from nysd on 4/8/2020.] |
| PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Steve Beswick only, from the U.S.D.C. Southern District of New York to the United States District Court - Southern District of Mississippi.(tro) [Transferred from nysd on 4/8/2020.] |
| PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Dirkis Castrillo-Castrillo only, from the U.S.D.C. Southern District of New York to the United States District Court - District of New Jersey.(tro) [Transferred from nysd on 4/8/2020.] |
| PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Yoscal Mogena-Jimenez only, from the U.S.D.C. Southern District of New York to the United States District Court - District of New Jersey.(tro) [Transferred from nysd on 4/8/2020.] |
| Filing 10 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Yoscal Mogena-Jimenez. (sac) [Transferred from nysd on 4/8/2020.] |
| Filing 9 APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Yoscal Mogena-Jimenez. (sac) [Transferred from nysd on 4/8/2020.] |
| Filing 8 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Olvin Geovany Rodriguez. (sac) [Transferred from nysd on 4/8/2020.] |
| Filing 7 APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Olvin Geovany Rodriguez. (sac) [Transferred from nysd on 4/8/2020.] |
| Filing 6 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Dirkis Castrillo-Castrillo. (sac) [Transferred from nysd on 4/8/2020.] |
| Filing 5 APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Dirkis Castrillo-Castrillo. (sac) [Transferred from nysd on 4/8/2020.] |
| Filing 4 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Steve Beswick. (sac) [Transferred from nysd on 4/8/2020.] |
| Filing 3 APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Steve Beswick. (sac) [Transferred from nysd on 4/8/2020.] |
| Filing 2 CIVIL COVER SHEET filed. (sac) [Transferred from nysd on 4/8/2020.] |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $5.00 Paid). Document filed by Olvin Geovany Rodriguez, Dirkis Castrillo-Castrillo, Steve Beswick, Yoscal Mogena-Jimenez. (sac) [Transferred from nysd on 4/8/2020.] |
| Magistrate Judge Ona T. Wang 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. (sac) [Transferred from nysd on 4/8/2020.] |
| Case Designated ECF. (sac) [Transferred from nysd on 4/8/2020.] |
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