Sylvain v. Garland et al
| Merrick B Garland, Alejandro Mayorkas, Jean King, David H Wetmore and Thomas E. Feeley |
| Colby Sylvain |
| 1:2021cv01023 |
| September 15, 2021 |
| US District Court for the Western District of New York |
| John L Sinatra |
| Mandamus & Other |
| 28 U.S.C. § 1361 |
| None |
Docket Report
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This docket was last retrieved on September 22, 2021. A more recent docket listing may be available from PACER.
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Filing 15
JUDGMENT in favor of Alejandro Mayorkas, David H Wetmore, Jean King, Merrick B Garland, Thomas E. Feeley against Colby Sylvain. Signed by Mary C. Loewenguth, Clerk of Court on 9/22/2021. (TMK)
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Filing 14
DECISION. Defendants' Amended Motion to Dismiss is GRANTED and Plaintiff's case is dismissed with prejudice. The Clerk of Court shall close this case. Signed by Hon. John L. Sinatra, Jr. on 9/21/2021. (KLH)-CLERK TO FOLLOW UP-
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Filing 13
TEXT ORDER granting #6 Plaintiff's Motion for Leave to Proceed in forma pauperis. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/20/2021. (JES)
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Filing 12
TEXT ORDER: For reasons stated on the record at the September 20, 2021 motion hearing, Respondents' #10 Motion to Dismiss for Lack of Jurisdiction is GRANTED. Based on the representation of Petitioner's counsel, Daniel Jackson, the Court acknowledges that Mr. Jackson is acting pro bono for Petitioner in this matter. As such, no further order is necessary. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/20/2021. (KLH)
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Filing 11
Minute Entry for proceedings held before Hon. John L. Sinatra, Jr.: Motion Hearing held on 9/20/2021 re Petitioner's #2 Motion for Temporary Restraining Order and Respondents' #10 Motion to Dismiss. Court grants the Respondents' motion to dismiss for reasons stated on the record. Text order and written decision to follow. Based on the Court's decision to grant the motion to dismiss, the Court declines to address Petitioner's motion for TRO. The Court acknowledges Mr. Jackson's request to be appointed pro bono counsel for Petitioner. Appearances. For Petitioner: Daniel Jackson. For Respondents: John Fabian. (Court Reporter Bonnie Weber) (KLH)
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Filing 10
Amended MOTION to Dismiss for Lack of Jurisdiction by Thomas E. Feeley, Merrick B Garland, Jean King, Alejandro Mayorkas, David H Wetmore. (Attachments: #1 Exhibit A. Oral Decision & Order of Immigration Judge. 11/6/2013)(Fabian, John)
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Filing 9
MOTION to Dismiss for Lack of Jurisdiction by Thomas E. Feeley, Merrick B Garland, Jean King, Alejandro Mayorkas, David H Wetmore. (Attachments: #1 Exhibit A. Oral Decision & Order of Immigration Judge. 11/6/2013)(Fabian, John)
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Filing 8
NOTICE of Appearance by John D. Fabian on behalf of All Defendants (Fabian, John)
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Filing 7
TEXT ORDER. Defendants requested a short extension of time to respond to Plaintiff's TRO, which Plaintiff does not oppose. The Court grants Defendants' request. Defendants shall respond to Plaintiff's TRO by midnight on Saturday, 9/18/2021. Defendants shall send PDFs of their response and any relevant caselaw by 9/18/2021, at 7:00 a.m., to sinatra@nywd.uscourts.gov. The oral argument will proceed as previously scheduled. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/16/2021. (KEF)
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Filing 6
MOTION for Leave to Proceed in forma pauperis by Colby Sylvain.(Jackson, Daniel)
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Filing 5
CONTINUATION OF EXHIBITS to #2 MOTION for Temporary Restraining Order Memorandum of Law in Support of TRO / PI. (Jackson, Daniel)
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Filing 4
CONTINUATION OF EXHIBITS to #1 Complaint Civil Cover Sheet. (Jackson, Daniel)
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Filing 3
TEXT ORDER re #2 MOTION for Temporary Restraining Order filed by Plaintiff. Government shall file response to Plaintiff's Motion by 9/17/2021 at 12:00 pm. Oral Argument on Plaintiff's Motion set for 9/20/2021 11:00 AM in US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. John L. Sinatra, Jr. Issued by Hon. John L. Sinatra, Jr. on 9/16/2021. SO ORDERED. (JES)
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK)
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E-Filing Notification: re #1 COMPLAINT Attorney is directed to file a civil cover sheet, pursuant to Local Rule 3. Please utilize the Continuation of Exhibits event, located within the Responses and Replies category. (TMK)
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Filing 2
MOTION for Temporary Restraining Order by Colby Sylvain.(Jackson, Daniel)
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Filing 1
COMPLAINT against All Defendants, filed by Colby Sylvain. (Attachments: #1 Exhibit Exh 1 - BIA Motion to Reopen, #2 Exhibit Exh 2 - BIA Motion for Stay of Removal, #3 Exhibit Exh 3 - BIA Denial of Motion for Stay)(Jackson, Daniel)
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Case assigned to Hon. John L. Sinatra, Jr. Notice to chambers of online civil case opening. (LB)
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