Taveras-Tejada v. Mayorkas et al
| Jose Martin Taveras-Tejada |
| Alejandro Mayorkas, Thomas Brophy and Jeffrey Searls |
| 1:2022cv00918 |
| November 28, 2022 |
| US District Court for the Western District of New York |
| John L Sinatra |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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This docket was last retrieved on December 21, 2022. A more recent docket listing may be available from PACER.
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Filing 25
MANDATE of USCA as to #8 Notice of Interlocutory Appeal filed by Jose Martin Taveras-Tejada. IT IS HEREBY ORDERED that the motion for voluntary dismissal is GRANTED. (CGJ)
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Filing 24
TEXT ORDER. As proposed in the parties' joint status report (Dkt. 23), Respondents-Defendants shall move to dismiss by 1/30/2023. Petitioner-Plaintiff shall respond by 3/1/2023. And Respondents-Defendants' reply is due by 3/21/2023. The Court will set oral argument at a later date, if necessary. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 12/21/2022. (KEF)
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Filing 23
Letter filed Joint Status Report As Per Court's Order. (Gillman, Sarah)
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Filing 22
Letter filed re removal of Petitioner. (Khalil, Adam)
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Filing 21
Minute Entry for proceedings held before Hon. John L. Sinatra, Jr.: Oral Argument held by teleconference on 12/5/2022 re Petitioner-Plaintiffs #3 motion for temporary restraining order. Written decision to follow. Appearances by teleconference. For petitioner: Sarah Telo Gillman and John Peng. For respondent: Adam Khalil. (Court Reporter Bonnie Weber) (KLH)
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Filing 20
Remark. The Court recognizes that it inadvertently misspelled Petitioner-Plaintiff's name in the decision and order (Dkt. 19). In the interest of expediency, the Court will not issue an amended decision and order, but notes that Petitioner-Plaintiff's name is correctly spelled Taveras-Tejada. (KEF)
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Filing 19
DECISION AND ORDER denying #3 Motion for a Temporary Restraining Order because the Court lacks jurisdiction to grant the relief sought. The parties shall file a status report by December 19, 2022, at which time the Court will decide how to proceed with Tavares-Tejada's petition and complaint. Signed by Hon. John L. Sinatra, Jr. on 12/5/2022. Please note: This docket entry does not contain every detail of this order. It is your responsibility to read and download the PDF of this document for reference. (KEF)
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Filing 18
REPLY to Response to Motion re #3 MOTION for Temporary Restraining Order filed by Jose Martin Taveras-Tejada. (Attachments: #1 Exhibit Second Report of Dr. Joseph SHin)(Peng, John)
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Filing 17
RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order filed by Thomas Brophy, Alejandro Mayorkas, Jeffrey Searls. (Khalil, Adam)
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Filing 16
USCA Order: IT IS HEREBY ORDERED that the motion to stay is DENIED as moot, and the temporary stay entered on November 29, 2022 is VACATED as moot. (CGJ)
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Filing 15
Sealed Document - Medical Records. (KLH)
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Filing 14
Sealed Document - Government's declaration in support of motion to seal. (KLH)
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Filing 13
TEXT ORDER granting #11 Motion to Seal Document. Issued by Hon. John L. Sinatra, Jr. on 12/1/2022. (KLH)
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Filing 12
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephone Status Conference held on November 29, 2022, before Judge John L. Sinatra, Jr. Transcriber Diane S. Martens, dmartensreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/22/2022. Redacted Transcript Deadline set for 1/3/2023. Release of Transcript Restriction set for 3/1/2023. (DSM)
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Filing 11
MOTION to Seal Document (medical records) by Thomas Brophy, Alejandro Mayorkas, Jeffrey Searls.(Khalil, Adam)
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Filing 10
TRANSCRIPT REQUEST of Status Conference Hearing Held on 11/29/2022 on Petitioner's Motion for a Temporary Restraining Order See ECF No. 5 by Jose Martin Taveras-Tejada for proceedings held on 11/29/2022 before Judge Sinatra.. (Gillman, Sarah)
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Filing 9
USCA Order: IT IS HEREBY ORDERED that, to the extent the motion seeks a temporary stay pending review by a three judge panel, the stay is GRANTED. The motion is REFERRED to a three judge motions panel. (CGJ)
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Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (CGJ)
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Within 14 days of filing the Notice of Appeal, the appellant is required to electronically file with the District Court an index of filed documents it wishes the Court of Appeals to consider, called Designation of Record on Appeal. After receipt, the Clerks Office will certify and transmit the index to the Circuit. (CGJ)
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Filing 8
NOTICE OF INTERLOCUTORY APPEAL as to 5 Text Order,, by Jose Martin Taveras-Tejada. Filing fee $ 505, receipt number ANYWDC-4734797. (Gillman, Sarah)
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Filing 7
Minute Entry for proceedings held before Hon. John L. Sinatra, Jr.: Status Conference held on 11/29/2022 re #3 Motion for Temporary Restraining Order. Court denies the motion as to Petitioner's transfer from Batavia to Louisiana and sets a briefing schedule as to the balance of Petitioners motion. Respondents response to the motion for a temporary restraining order is due by noon on 12/1/2022. Petitioner's reply due 12/2/2022. Oral argument to be held telephonically on 12/5/2022 at 9:00 AM. Appearances by teleconference. For petitioner: Sarah Telo Gillman and John Peng. For respondent: Adam Khalil. (Court Reporter FTR Gold) (KLH)
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Filing 6
NOTICE of Appearance by Adam A. Khalil on behalf of Thomas Brophy, Alejandro Mayorkas, Jeffrey Searls (Khalil, Adam)
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Filing 5
TEXT ORDER. To the extent that Petitioner's #3 Motion for Temporary Restraining Order could be construed as seeking an order enjoining Respondents from transporting Petitioner from Batavia to the removal staging area in Louisiana, the Court denies that portion of the motion, for the reasons stated on the record at the November 29, 2022 status conference. The Court will decide the balance of Petitioner's motion after receiving the parties' briefs in accordance with the schedule set at the November 29 status conference. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 11/29/2022. (KEF)
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Filing 4
TEXT ORDER. Counsel shall appear for a status conference re Petitioner's #3 Motion for Temporary Restraining Order on 11/29/2022, at 9:45 AM in Chautauqua Courtroom, 8th Floor East, 2 Niagara Square, Buffalo, NY before Hon. John L. Sinatra, Jr. Counsel may appear by telephone. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 11/29/2022. (KEF)
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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. (CGJ)
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Filing 3
MOTION for Temporary Restraining Order by Jose Martin Taveras-Tejada. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Peng, John)
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Filing 2
NOTICE of Appearance by Sarah Telo Gillman on behalf of Jose Martin Taveras-Tejada (Gillman, Sarah)
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Filing 1
PETITION for Writ of Habeas Corpus and Complaint for Injunctive Relief ( Filing fee $ 5 receipt number ANYWDC-4734075.), filed by Jose Martin Taveras-Tejada. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, Report of Dr. Joseph Shin, #3 Exhibit, Curriculum Vitae of Dr. Joseph Shin, #4 Exhibit, Letter from Thomas Brophy to Sarah Gillman (Nov. 1, 2022), #5 Exhibit, Not. of Imminent Removal)(Peng, John)
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Case assigned to Hon. John L. Sinatra, Jr. Notification to chambers of online civil opening. (LB)
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