Evariste v. Barr et al
Petitioner: Mugiraneza Evariste
Respondent: Jeffrey Searls, William Barr and Thomas Feeley
Case Number: 6:2019cv06441
Filed: June 17, 2019
Court: US District Court for the Western District of New York
Presiding Judge: Michael A. Telesca
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 4, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 12, 2019 Filing 8 Letters from various parties, received 8/12/19, to Clerk. (JHF)
July 15, 2019 Filing 7 MOTION for Leave to Proceed in forma pauperis and supporting documents re petition by Mugiraneza Evariste. (Attachments: #1 envelope)(TF)
July 12, 2019 Filing 6 NOTICE of Appearance by Laura Maroldy on behalf of All Defendants (Maroldy, Laura)
July 9, 2019 E-Filing Notification regarding #5 ORDER: Petition added as attachment and Notice of Electronic filing sent to the United States Attorney's Office. (LB)
July 8, 2019 Opinion or Order Filing 5 ORDER that within 45 days of the date of this Order, Respondents shall file and seerve an Answer responding to the allegations in the Petition; that within 45 days of the date of this Order, Respondents shall file and serve, in addition to their Answer, a memorandum of law addressing each of the issues raised in the Petition and including citation to supporting authority and applicable sections of the Immigration and Nationality Act; and that within 45 days of the date of this Order, instead of their Answer, Respondents may file a motion to dismiss the Petition, accompanied by appropriate exhibits demonstrating that an answer to the Petition is unnecessary; and that Petitioner shall have 25 days after his receipt of the Respondents' Answer or motion to dismiss to file a written response; and that the Clerk of Court shall serve a copy of the Peition, together with a copy of this Order as stated in this Order. (Copy of this Order sent by first class mail to Petitioner.) Signed by Hon. Michael A. Telesca on 7/8/19. (JMC)-CLERK TO FOLLOW UP- (Additional attachment(s) added on 7/9/2019: #1 Petition) (LB).
July 3, 2019 Filing 4 MOTION to Appoint Counsel by Mugiraneza Evariste. (Attachments: #1 envelope)(TF)
June 21, 2019 Filing 3 JUDGMENT administratively terminating this action without prejudice. Signed by Clerk of Court on 6/21/19. (mailed a copy of the order, judgment and form motion for IFP to petitioner) (TF)
June 20, 2019 Opinion or Order Filing 2 ORDER that Clerk of Court shall administratively terminate this action without prejudice without filing the Petition or assessing a filing fee; and that the Clerk of Court shall send to Petitioner a form moiton to proceed in forma pauperis; and that if Petitioner wishes to re-open this action, he shall so notify this Court, in writing, no later than thirty days from the date of this Order and Petitioner's writing shall include either (1) a motion to proceed in forma pauperis that includes an affidavit or affirmation establishing his inability to pay fees and costs, or (2) the $5.00 filing fee; and that upon Petitioner's submission of either (1) a motion to proceed in forma pauperis or (2) the $5.00 filing fee, the Clerk of Court shall re-open this case. (Copy of this Order sent by first class mail to Petitioner.) Signed by Hon. Michael A. Telesca on 6/20/2019. (JMC)-CLERK TO FOLLOW UP-
June 17, 2019 Filing fee: $ 5.00, receipt number BUF064784 (TF)
June 17, 2019 Filing 1 PETITION for Writ of Habeas Corpus, filed by Mugiraneza Evariste. (LB)
June 17, 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. Prisoner Pro Se Packet mailed to plaintiff consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge and Civil Case Timeline. (LB)

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Respondent: Jeffrey Searls
Represented By: Laura Maroldy
Represented By: United States Attorney's Office (e-service)
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Respondent: William Barr
Represented By: Laura Maroldy
Represented By: United States Attorney's Office (e-service)
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Respondent: Thomas Feeley
Represented By: Laura Maroldy
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Petitioner: Mugiraneza Evariste
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