Rajesh v. Barr et al
Petitioner: Hamal Rajesh
Respondent: Kirsten Nielsen, William Barr, Jeffrey Searls and Thomas Feeley
Case Number: 6:2019cv06415
Filed: June 5, 2019
Court: US District Court for the Western District of New York
Presiding Judge: Frank P Geraci
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28:2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 25, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 25, 2019 Filing 6 TEXT ORDER: Respondent's #5 motion for extension of time is GRANTED and the response to the petition is now due by August 19, 2019. SO ORDERED. A copy of this Text Order has been mailed to the pro se petitioner. Signed by Hon. Frank P. Geraci, Jr. on 7/25/19. (GMS)
July 24, 2019 Filing 5 MOTION for Extension of Time to File Response/Reply as to #1 Petition for Writ of Habeas Corpus, #3 Order,, by William Barr, Thomas Feeley, Kirsten Nielsen, Jeffrey Searls.(Moar, Daniel)
June 13, 2019 Filing 4 TEXT ORDER denying #2 Motion for an Order to Show Cause. Rule 4 of the Rules Governing 2254 Cases authorizes the district court judge to "order the respondent to file an answer, motion, or other pleading within a fixed time or to take such other action the judge may order." See Baker v. Middlebrooks, No. 5:08CV44-RS-MD, 2008 WL 938725, *1 (N.D. Fla. Apr. 8, 2008) ("Petitioner is directed to the jurisprudence holding that [28 U.S.C. 2243's] time limit is subordinate to the district court's discretionary authority to set deadlines under Rule 4 of the Rules Governing 2254 Cases." (collecting cases)); see also Bey v. Payant, No. 05CIV0599RMBRLE, 2005 WL 3046977, at *1 (S.D.N.Y. Nov. 7, 2005) (28 U.S.C. 2243's three-day period to file a return does not apply to briefing schedules). Consistent with Rule 4, the Court gives respondents 45 days to respond to petitions for habeas corpus filed under 2241 and 2254. Accordingly, the current #3 Scheduling Order remains in place and Respondents have until July 29, 2019 to answer the Petition. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 6/13/2019. A copy of this Text Order has been sent to Petitioner. (AFM)
June 12, 2019 Copy of #1 Petition and #3 Scheduling Order sent electronically via a Notice of Electronic Filing to the U.S. Attorney's Office, Western District of New York. Mailed copy of #3 Scheduling Order to pro se petitioner. (JHF)
June 12, 2019 Opinion or Order Filing 3 SCHEDULING ORDER directing Respondent's answer and memorandum of law due or a motion to dismiss by 7/29/19. Petitioner shall have 25 days upon receipt of answer (or motion to dismiss) to file a response. Clerk shall serve a copy of #1 petition and this order electronically via a Notice of Electronic Filing to the U.S. Attorney's Office, Western of New York at <. Signed by Hon. Frank P. Geraci, Jr. on 6/12/19. (Attachments: #1 Petition) (JHF)
June 5, 2019 Filing fee received: $5.00, receipt number BUF064652. (JHF)
June 5, 2019 Prisoner Pro Se Packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge and Civil Case Timeline mailed to petitioner. (JHF)
June 5, 2019 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. (JHF)
June 5, 2019 Filing 2 MOTION for Order to Show Cause by Hamal Rajesh. (JHF)
June 5, 2019 Filing 1 PETITION for Writ of Habeas Corpus, filed by Hamal Rajesh. (Attachments: #1 Civil Cover Sheet, #2 Envelope) (JHF)

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Respondent: Kirsten Nielsen
Represented By: United States Attorney's Office (e-service)
Represented By: Daniel Barrie Moar
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Respondent: William Barr
Represented By: United States Attorney's Office (e-service)
Represented By: Daniel Barrie Moar
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Respondent: Jeffrey Searls
Represented By: United States Attorney's Office (e-service)
Represented By: Daniel Barrie Moar
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Respondent: Thomas Feeley
Represented By: United States Attorney's Office (e-service)
Represented By: Daniel Barrie Moar
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Petitioner: Hamal Rajesh
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