Mitchell v. Wolf et al
Petitioner: O'Neil Damion Mitchell
Respondent: Chad Wolf, James McHenry, Department of Homeland Security, Jeffrey Searls and Thomas Feeley
Case Number: 1:2020cv01183
Filed: September 1, 2020
Court: US District Court for the Western District of New York
Presiding Judge: John L Sinatra
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 27, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 27, 2020 Filing 17 MEMORANDUM IN SUPPORT re #11 MOTION to Dismiss (Corrected) byDepartment of Homeland Security, Thomas Feeley, James McHenry, Jeffrey Searls, Chad Wolf. (Fleming, Mary)
October 27, 2020 Filing 16 CERTIFICATE OF SERVICE by Department of Homeland Security, Thomas Feeley, James McHenry, Jeffrey Searls, Chad Wolf re #11 MOTION to Dismiss (Fleming, Mary)
October 26, 2020 Filing 15 DECLARATION re #12 Memorandum in Support filed by Department of Homeland Security, Thomas Feeley, James McHenry, Chad Wolf, Jeffrey Searls filed by Department of Homeland Security, Thomas Feeley, James McHenry, Chad Wolf, Jeffrey Searls. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Moar, Daniel)
October 26, 2020 Filing 14 DECLARATION signed by Eugene Charbonneau re #11 MOTION to Dismiss filed by Department of Homeland Security, Thomas Feeley, James McHenry, Jeffrey Searls, Chad Wolf . (Fleming, Mary)
October 26, 2020 Filing 13 DECLARATION signed by Jeffrey Searls re #11 MOTION to Dismiss filed by Department of Homeland Security, Thomas Feeley, James McHenry, Jeffrey Searls, Chad Wolf . (Attachments: #1 Exhibit A, #2 Exhibit B)(Fleming, Mary)
October 26, 2020 Filing 12 MEMORANDUM IN SUPPORT re #11 MOTION to Dismiss byDepartment of Homeland Security, Thomas Feeley, James McHenry, Jeffrey Searls, Chad Wolf. (Fleming, Mary)
October 26, 2020 Filing 11 MOTION to Dismiss by Department of Homeland Security, Thomas Feeley, James McHenry, Jeffrey Searls, Chad Wolf.(Fleming, Mary)
October 13, 2020 Filing 10 MOTION for Reconsideration by O'Neil Damion Mitchell. (Attachments: #1 Envelope) (BK)
October 7, 2020 Filing 9 NOTICE of Appearance by Mary Pat Fleming on behalf of Department of Homeland Security, Thomas Feeley, James McHenry, Jeffrey Searls, Chad Wolf (Fleming, Mary)
October 5, 2020 Filing 8 TEXT ORDER. The Court acknowledges receipt of Petitioner's reply #7 after it issued its decision and order on 9/29/2020. In their forthcoming answer and briefing, Respondents are instructed to address Petitioner's reply, including whether Petitioner's arguments merit reconsideration of this Court's decision and order issued 9/29/2020. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 10/5/2020. (CJG) (Chambers emailed a copy of this text order to Petitioner)
October 1, 2020 Filing 7 RESPONSE to #3 MEMORANDUM IN OPPOSITION re #1 Petition for Writ of Habeas Corpus by Department of Homeland Security, Thomas Feeley, James McHenry, Jeffrey Searls, Chad Wolf. (Attachments: #1 Envelope) (BK) Modified on 10/5/2020 to correct description/links (KLH).
September 29, 2020 Filing 6 DECISION AND ORDER denying the Petitioner's injunction ordering his release and for other relief related to COVID-19. The Court will address the Petitioner's remaining claims in a later decision. Signed by Hon. John L. Sinatra, Jr. on 9/29/2020. (CGJ) Copy mailed to Petitioner
September 17, 2020 Filing 5 NOTICE of Appearance by Daniel Barrie Moar on behalf of Department of Homeland Security, Thomas Feeley, James McHenry, Jeffrey Searls, Chad Wolf (Moar, Daniel)
September 17, 2020 Filing 4 CERTIFICATE OF SERVICE by Department of Homeland Security, Thomas Feeley, James McHenry, Jeffrey Searls, Chad Wolf re #3 Memorandum in Opposition, (Moar, Daniel)
September 16, 2020 Filing 3 MEMORANDUM IN OPPOSITION re #1 Petition for Writ of Habeas Corpus by Department of Homeland Security, Thomas Feeley, James McHenry, Jeffrey Searls, Chad Wolf. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Declaration Jeffrey Searls, #7 Exhibit A, #8 Exhibit B)(Moar, Daniel)
September 9, 2020 Opinion or Order Filing 2 ORDER that within 7 days of the date of this order, Respondents shall file and serve a response to Mitchell's request for a preliminary injunction. Mitchell shall have 5 days after receiving Respondents' response to his request for a preliminary injunction to file a written reply. It is further ordered that within 45 days of the date of this order, Respondent shall file and serve an answer and memorandum of law or a motion to dismiss; Petitioner shall have 25 days upon receipt of the answer or motion to dismiss 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. John L. Sinatra, Jr. on 9/9/2020. (Attachments: #1 Petition) (CGJ) Copy mailed to Petitioner
September 2, 2020 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)
September 2, 2020 Filing fee received: $5.00, receipt number BUF069431 (CGJ)
September 1, 2020 Filing 1 PETITION for Writ of Habeas Corpus, filed by O'Neil Damion Mitchell.(CGJ)

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Respondent: Chad Wolf
Represented By: Mary Pat Fleming
Represented By: United States Attorney's Office (e-service)
Represented By: Daniel Barrie Moar
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Respondent: James McHenry
Represented By: Mary Pat Fleming
Represented By: United States Attorney's Office (e-service)
Represented By: Daniel Barrie Moar
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Respondent: Department of Homeland Security
Represented By: Mary Pat Fleming
Represented By: United States Attorney's Office (e-service)
Represented By: Daniel Barrie Moar
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Respondent: Jeffrey Searls
Represented By: Mary Pat Fleming
Represented By: United States Attorney's Office (e-service)
Represented By: Daniel Barrie Moar
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Respondent: Thomas Feeley
Represented By: Mary Pat Fleming
Represented By: United States Attorney's Office (e-service)
Represented By: Daniel Barrie Moar
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Petitioner: O'Neil Damion Mitchell
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