Perry v. Searls
| Ransford Perry |
| Jeffrey Searls |
| 6:2023cv06521 |
| September 12, 2023 |
| US District Court for the Western District of New York |
| Frank P Geraci |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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| Filing 8 TEXT ORDER: On October 25, 2023, Petitioner filed a motion for an emergency hearing. ECF No. 7. "The procedures to be used by [a] district court to resolve preliminary injunction issues will normally be shaped by the nature and extent of the controversy," as well as the requirement that the court's decision "be accompanied by 'the findings of fact and conclusions of law which constitute the grounds of [the courts] action.'" Charette v. Town of Oyster Bay, 159 F.3d 749, 755 (2d Cir. 1998) (quoting Fed. R. Civ. P. 52(a)). While a motion for a preliminary injunction "should not be resolved on the basis of affidavits which evince disputed facts," an evidentiary hearing is not required when (1) the relevant facts are not in dispute; (2) the relevant facts have been "clearly demonstrated at prior stages of the case"; or (3) "when the disputed facts are amenable to complete resolution on a paper record." Id. At this stage in the proceedings, the Court is not in a position to determine whether a hearing on Petitioner's motion for a preliminary injunction is necessary. Briefing is underway in accordance with the Court's scheduling order, ECF No. 5 at 17-18, and once it is complete, the Court will be able to determine "whether an evidentiary hearing would help resolve any factual issues[,]" including those related to the medical conditions Petitioner describes in the instant motion. Wall v. Construction & Gen. Laborers Union, 80 F. App'x 714, 716 (2d Cir. 2003) (summary order). Accordingly, the Court declines to order a hearing at this time. To the extent that Petitioner seeks a hearing on his motion for a temporary restraining order, the Court has already denied that motion, ECF No. 5, and his request is therefore moot. See Jones v. Grisanti, No. 22-CV-145, 2022 WL 705297, at *2 (W.D.N.Y. Feb. 24, 2022) (denying motion for emergency hearing in conjunction with order denying motion for a temporary restraining order). For the foregoing reasons, Petitioner's Motion for an Emergency Hearing, ECF No. 7, is DENIED. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 10/30/2023. (RWW)This was mailed to: Petitioner. |
| Filing 7 MOTION for an Emergency Hearing by Ransford Perry.(TF) |
| Filing 6 NOTICE of Appearance by Daniel Barrie Moar on behalf of Jeffrey Searls (Attachments: #1 Certificate of Service)(Moar, Daniel) |
| Filing 5 DECISION AND ORDER: Petitioner's motion to amend, ECF No. 2, and motion for a temporary restraining order, ECF No. 3, are DENIED. The respondent shall file his response to the petition and the motion for a preliminary injunction in accordance with the schedule set forth in this order. The Clerk of Court shall serve a copy of the petition and the motion for a preliminary injunction, together with a copy of this order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 10/20/2023. (RWW)This was mailed to: Petitioner.Clerk to Follow up |
| Filing 4 Affidavit of service and Letter with exhibits from Ransford Perry, dated 10/17/2023, to Operations Mgr. (TF) |
| Filing 3 MOTION for Preliminary Injunction and/or MOTION for Temporary Restraining Order by Ransford Perry.(TF) |
| Filing 2 MOTION to Amend/Correct #1 Petition for Writ of Habeas Corpus by Ransford Perry.(TF) |
| Filing fee: $ 5.00, receipt number 100002671 (TF) |
| 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 consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline mailed to plaintiff. (TF) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Ransford Perry.(TF) |
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| Petitioner: Ransford Perry | |
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| Respondent: Jeffrey Searls | |
| Represented By: | Daniel Barrie Moar |
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