Montoya-Cruz v. Feeley et al
| Elmis Adalid Montoya-Cruz |
| Kirstjen M Nielsen, Matthew G Whitaker, Thomas Feeley and Craig D. Apple, Sr. |
| 6:2019cv06008 |
| January 3, 2019 |
| US District Court for the Western District of New York |
| Frank P Geraci |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Filing 15 TEXT ORDER: This case was transferred from the Northern District of New York by order of Judge David N. Hurd. In order to ensure that this action proceeds in a timely manner, the Court orders the parties to submit brief memoranda addressing (1) the procedural history and present state of the litigation; (2) whether the petition is ripe for adjudication on the present record and submissions by the parties; and (3) any other matters that the parties wish to bring to the Court's attention. Memoranda are limited to five pages in length. Petitioner shall submit his memorandum by 1/17/2019, and Respondents shall submit their memorandum within 14 days of Petitioner's filing. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 1/3/2019. (MFM) |
| Filing 14 Case transferred in from District of New York Northern; Case Number 9:18-cv-01410. |
Filing 13
MEMORANDUM-DECISION AND ORDER. ORDERED that 1. This action is transferred to the Western District of New York for further proceedings; 2. The Clerk is directed to dismiss respondent Craig D. Apple, Sr., Sheriff, Albany County Correctional Facility; and 3. Immigration Judge Philip Montante is directed to file his written bond memorandum on or before January 10, 2019. Signed by Judge David N. Hurd on 12/20/2018. (rar) [Transferred from nynd on 1/3/2019.]
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| TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Hearing on PETITION for Writ of Habeas Corpus filed by Elmis Adalid Montoya-Cruz held on 12/19/2018. Judge Hurd hears extensive argument as to PETITION for Writ of Habeas Corpus filed by Elmis Adalid Montoya-Cruz and appeal of denial of request for Bond and RESERVES DECISION with written opinion to follow. Appearances: Joseph Moravec, Esq., for petitioner Elmis Adalid Montoya-Cruz. Thomas Spina, Civil Chief AUSA for US defendants; Thomas Feeley, Kirstjen M. Nielsen Secretary, U.S. Department of Homeland Security, Matthew G. Whitaker, Acting Attorney General, U.S. Department of Justice. (Court Reporter Nancy Freddoso) (ptm) [Transferred from nynd on 1/3/2019.] |
| Filing 12 EXHIBIT 2 (compact disk) to the #11 Response to Habeas Petition by Thomas Feeley. (see) [Transferred from nynd on 1/3/2019.] |
| Filing 11 Government's RESPONSE to #1 Petition for Writ of Habeas Corpus, by Thomas Feeley. (Attachments: #1 Declaration Brian J. Counihan, #2 Exhibit(s) Compact Disk- Audio of Detention Hearing)(Spina, Thomas) [Transferred from nynd on 1/3/2019.] |
| Filing 10 NOTICE of Appearance by Thomas Spina, Jr on behalf of Thomas Feeley, Kirstjen M. Nielsen, Matthew G. Whitaker (Spina, Thomas) [Transferred from nynd on 1/3/2019.] |
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Filing 9
TEXT ORDER SETTING RESPONSE DEADLINE AND SCHEDULING ARGUMENT ON PETITION FOR WRIT OF HABEAS CORPUS : Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ, #1 PETITION for Writ of Habeas Corpus filed by Elmis Adalid Montoya-Cruz is now set for oral argument for on Wednesday, December 19, 2018 at 11:00AM in USDC / Utica, NY. Respondents shall a Response by 5:00pm on Monday, December 17, 2018 and Appearances by counsel only are required in Court in Utica. Please adjust your calendars accordingly. So Ordered by Judge David N. Hurd on 12/12/2018. (ptm) [Transferred from nynd on 1/3/2019.]
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| Filing 8 AFFIDAVIT of Service for Verified Petition for Writ of Habeas Corpus served on U.S. Attorney's Office, ND-NY on 12/6/2018, filed by Elmis Adalid Montoya-Cruz. (Moravec, Joseph) [Transferred from nynd on 1/3/2019.] |
| Filing 7 AFFIDAVIT of Service for Verified Petition for Writ of Habeas Corpus served on Matthew Whitaker on 12/6/2018, filed by Elmis Adalid Montoya-Cruz. (Moravec, Joseph) [Transferred from nynd on 1/3/2019.] |
| Filing 6 AFFIDAVIT of Service for Verified Petition for Writ of Habeas Corpus served on John M. Mitnick on 12/6/2018, filed by Elmis Adalid Montoya-Cruz. (Moravec, Joseph) [Transferred from nynd on 1/3/2019.] |
| Filing 5 AFFIDAVIT of Service for Verified Petition for Writ of Habeas Corpus served on Jasper Mills on 12/6/2018, filed by Elmis Adalid Montoya-Cruz. (Moravec, Joseph) [Transferred from nynd on 1/3/2019.] |
| Filing 4 AFFIDAVIT of Service for Verified Petition for Writ of Habeas Corpus served on Thomas Feeley on 12/6/2018, filed by Elmis Adalid Montoya-Cruz. (Moravec, Joseph) [Transferred from nynd on 1/3/2019.] |
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Filing 3
TEXT ORDER REOPENING CASE: This action was administratively closed due to petitioner's failure to comply with the filing fee requirements, and petitioner was directed to respond to the Order if s/he wished to pursue this action. Petitioner has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket.Authorized by Judge David N. Hurd on 12/6/2018. (rar) [Transferred from nynd on 1/3/2019.]
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| Filing fee: $ 5.00, receipt number ALB11174 (khr) [Transferred from nynd on 1/3/2019.] |
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Filing 2
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that if petitioner wants to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either: (1) pay the court's filing fee of five dollars ($5.00); or (2) submit a completed and signed IFP Application that has been certified by an appropriate prison official at his facility. Signed by Judge David N. Hurd on 12/4/2018. (Attachments: #1 IFP Form)(rar) [Transferred from nynd on 1/3/2019.]
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| Filing 1 PETITION for Writ of Habeas Corpus filed by Elmis Adalid Montoya-Cruz. (Attachments: #1 Notice to Appear, #2 Order Denying Bond, #3 Filing Receipt, #4 Bond Request and Evidence, #5 DHS Bond Evidence, #6 Denial of Request for Bond)(rar, ) [Transferred from nynd on 1/3/2019.] |
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