NDAULA v. DIRECTOR OF FEDERAL BUREAU OF PRISONS et al
| Alexander Ndaula |
| United States Attorney For The Western District Of Pennsylvania, H. Quay, U.S. Immigration & Customs Enforcement, L. J. Oddo, Jeff Sessions and Director of Federal Bureau of Prisons |
| 1:2019cv00028 |
| January 7, 2019 |
| US District Court for the Middle District of Pennsylvania |
| PT |
| Sylvia H Rambo |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Filing 33 NOTICE of Additional Service of Rebuttal to Respondents' Surreply of December 11, 2018 & Motion for Release filed by Alexander Ndaula (aaa) |
| Filing 32 REPLY (Rebuttal) to Respondents' Surreply of 12/11/18 & Motion for Release filed by Alexander Ndaula. (aaa) |
| Filing 31 PRO SE LETTER ISSUED w/ Notice & Consent Form. (aaa) |
| Filing 30 MOTION for Evidentiary Hearing, MOTION to Appoint Counsel by Alexander Ndaula. (Attachments: #1 Exhibit(s), #2 envelope)(aaa) |
| Filing 29 Case eletronically transferred in from District of Pennsylvania Western; Case Number 3:18-cv-00137. |
Filing 28
ORDER - it is hereby Ordered that the Clerk of Court shall transfer this case FORTHWITH to the United States District Court for the Middle District of Pennsylvania where Petitioner is confined and where his immediate custodian is located. All pending motions are denied without prejudice to being renewed in the transferee Court, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 1/4/2019. (dlg) [Transferred from Pennsylvania Western on 1/7/2019.]
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| Filing 27 MOTION for Evidentiary Hearing, MOTION to Appoint Counsel by ALEXANDER NDAULA. Motions referred to Maureen P. Kelly. (Attachments: #1 Exhibit, #2 Envelope Motions mailed in) (ksa) [Transferred from Pennsylvania Western on 1/7/2019.] |
| Filing 26 Sur-Reply in Response to re #23 Brief in Opposition - Other, filed by L. J. ODDO, JEFF SESSIONS, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT, UNITED STATES ATTORNEY FOR THE WESTERN DISTRICT OF PENNSYLVANIA. (Attachments: #1 Exhibit A) (Gal-Or, Karen) [Transferred from Pennsylvania Western on 1/7/2019.] |
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Filing 25
ORDER GRANTING #24 Motion for Leave to File Sur-Reply. Sur-Reply due by 12/17/2018. Signed by Magistrate Judge Maureen P. Kelly on 12/11/18. (eca) [Transferred from Pennsylvania Western on 1/7/2019.]
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| Filing 24 MOTION for Leave to File Surreply by L. J. ODDO, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT, UNITED STATES ATTORNEY FOR THE WESTERN DISTRICT OF PENNSYLVANIA. Motion(s) referred to Maureen P. Kelly. (Attachments: #1 Proposed Order, #2 Attachment) (Gal-Or, Karen) [Transferred from Pennsylvania Western on 1/7/2019.] |
| Filing 23 BRIEF in Opposition to #22 Response, filed by ALEXANDER NDAULA. (Attachments: #1 Exhibit, #2 Exhibit, #3 Envelope Brief mailed in) (ksa) [Transferred from Pennsylvania Western on 1/7/2019.] |
| Filing 22 RESPONSE to #7 Amended Document, filed by L. J. ODDO, H. QUAY, JEFF SESSIONS, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT, UNITED STATES ATTORNEY FOR THE WESTERN DISTRICT OF PENNSYLVANIA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9) (Gal-Or, Karen) [Transferred from Pennsylvania Western on 1/7/2019.] |
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Filing 21
ORDER OF COURT. Respondents were given an extension of time to file their Response to Petitioner's claim concerning his ICE Detainer. ECF No. 16. In that Response, which is now due on October 19, 2018, Respondents shall also address Petitioner's arguments raised in ECF No. 18, Petitioner's Supplement. Signed by Chief Magistrate Judge Maureen P. Kelly on 10/02/18. A copy of this Order will be mailed to Petitioner this day, 10/02/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) [Transferred from Pennsylvania Western on 1/7/2019.]
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| Filing 20 RESPONSE IN OPPOSITION to #9 Notice, filed by ALEXANDER NDAULA. (Attachments: #1 Attachments 1 & 2, #2 Envelope Response mailed in) (ksa) [Transferred from Pennsylvania Western on 1/7/2019.] |
| Filing 19 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by ALEXANDER NDAULA. (ksa) (Additional attachment(s) added on 9/20/2018: #1 Envelope Document mailed in) (ksa). [Transferred from Pennsylvania Western on 1/7/2019.] |
| Filing 18 SUPPLEMENT by ALEXANDER NDAULA to #7 Amended Document. (Attachments: #1 Attachment 1 & 2, #2 Attachment 3 & 4, #3 Envelope Supplement mailed in) (ksa) [Transferred from Pennsylvania Western on 1/7/2019.] |
| Filing 17 Remark: 10 Scheduling Order and 11 Order of Court were returned to Court as: Return to Sender. Inmate Not Here. 10 Scheduling Order and 11 Order of Court re-mailed to Petitioner this day, 09/11/18, at his new address of record. [Transferred from Pennsylvania Western on 1/7/2019.] |
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Filing 16
ORDER GRANTING #15 Motion for Extension of Time to File Response. Response to Petition due by 10/19/2018. Signed by Chief Magistrate Judge Maureen P. Kelly on 09/07/18. A copy of this Order will be mailed to Petitioner 09/10/18. (eca) [Transferred from Pennsylvania Western on 1/7/2019.]
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| Filing 15 MOTION for Extension of Time to File Response/Reply as to #7 Amended Document by L. J. ODDO, UNITED STATES ATTORNEY FOR THE WESTERN DISTRICT OF PENNSYLVANIA. Motion(s) referred to Maureen P. Kelly. (Attachments: #1 Proposed Order) (Gal-Or, Karen) [Transferred from Pennsylvania Western on 1/7/2019.] |
| Filing 14 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by L. J. ODDO, UNITED STATES ATTORNEY FOR THE WESTERN DISTRICT OF PENNSYLVANIA. (Gal-Or, Karen) [Transferred from Pennsylvania Western on 1/7/2019.] |
| Filing 13 NOTICE of Change of Address by ALEXANDER NDAULA. FILER advised that the change of address has been made on above captioned matter only. If you wish to have address changed on other matters before this court, it is your responsibility to file such a notice at each case number. This NEF has been mailed to ALEXANDER NDAULA. (av) [Transferred from Pennsylvania Western on 1/7/2019.] |
| Filing 12 NOTICE of Substitution of Attorney Appearance by Karen Gal-Or on behalf of L. J. ODDO, UNITED STATES ATTORNEY FOR THE WESTERN DISTRICT OF PENNSYLVANIA. Attorney Michael Ivory terminated. (Gal-Or, Karen) [Transferred from Pennsylvania Western on 1/7/2019.] |
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Filing 11
ORDER OF COURT. Since this case has been assigned to a Magistrate Judge, each party must execute and file no later than 09/19/18, a form consenting to the jurisdiction of the Magistrate Judge or selecting the option to have the case randomly assigned to a District Judge. The applicable form is available on the Court's website at www.pawd.uscourts.gov in the forms section. If the parties elect to have the case assigned to a Magistrate Judge, Chief Magistrate Judge Kelly will continue to manage the case as provided for in Local Rule 72G. Signed by Chief Magistrate Judge Maureen P. Kelly on 08/29/18. A copy of this Order and the necessary blank form will be mailed to Petitioner this day, 08/29/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) [Transferred from Pennsylvania Western on 1/7/2019.]
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Filing 10
SCHEDULING ORDER. Respondents shall file a Response to Petitioner's second issue concerning the immigration detainer contained in #7 Amended Document and #8 Notice of Affirmation. Response to the issue concerning the immigration detainer due by 9/19/2018. Signed by Chief Magistrate Judge Maureen P. Kelly on 08/29/18. A copy of this Order will be mailed to Plaintiff this day, 08/29/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) [Transferred from Pennsylvania Western on 1/7/2019.]
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| Filing 9 NOTICE of Suggestion of Mootness by L. J. ODDO, UNITED STATES ATTORNEY FOR THE WESTERN DISTRICT OF PENNSYLVANIA re #1 Petition for Writ of Habeas Corpus (Attachments: #1 Exhibit 1, #2 Exhibit 1a, #3 Exhibit 1b, #4 Exhibit 1c, #5 Exhibit 1d, #6 Exhibit 1e) (Ivory, Michael) [Transferred from Pennsylvania Western on 1/7/2019.] |
| Filing 8 NOTICE of Affirmation in support of the Amended Petition Seeking Release from Post Order Detention by ALEXANDER NDAULA re #7 Amended Document. (Attachments: #1 Exhibit, #2 Exhibit, #3 Envelope Affirmation mailed in) (ksa) [Transferred from Pennsylvania Western on 1/7/2019.] |
| Filing 7 AMENDED DOCUMENT by ALEXANDER NDAULA. Amendment to #1 Petition for Writ of Habeas Corpus. (Attachments: #1 Envelope Amended Petition mailed in) (ksa) [Transferred from Pennsylvania Western on 1/7/2019.] |
| Filing 6 SUMMONS/Return of Service Returned Executed by ALEXANDER NDAULA. ATTORNEY GENERAL OF THE UNITED STATES served on 7/12/2018, answer due 9/10/2018; L. J. ODDO served on 7/12/2018, answer due 8/2/2018; UNITED STATES ATTORNEY FOR THE WESTERN DISTRICT OF PENNSYLVANIA served on 7/10/2018, answer due 9/10/2018. (ksa) [Transferred from Pennsylvania Western on 1/7/2019.] |
| Filing 5 NOTICE of Appearance by Michael Ivory on behalf of L. J. ODDO, UNITED STATES ATTORNEY FOR THE WESTERN DISTRICT OF PENNSYLVANIA. (Ivory, Michael) [Transferred from Pennsylvania Western on 1/7/2019.] |
| Filing 4 SERVICE ORDER. The United States Marshal shall execute service of this Order, together with a copy of the Petition for Writ of Habeas Corpus, upon Respondents. Costs to be borne by the United States. Signed by Chief Magistrate Judge Maureen P. Kelly on 07/09/18. A copy of this Order will be mailed to Petitioner this day, 07/09/18. Service copies will be forwarded to U S Marshal this day, 07/09/18. (eca) [Transferred from Pennsylvania Western on 1/7/2019.] |
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Filing 3
ORDER AMENDING CAPTION. UNITED STATES ATTORNEY FOR THE WESTERN DISTRICT OF PENNSYLVANIA and ATTORNEY GENERAL OF THE UNITED STATES added. DIRECTOR OF FEDERAL BUREAU OF PRISONS and H. QUAY (Warden of Metropolitan Detetion Center, Brooklyn) terminated. Signed by Chief Magistrate Judge Maureen P. Kelly on 07/09/18. A copy of this Order will be mailed to Petitioner this day, 07/09/18. (eca) [Transferred from Pennsylvania Western on 1/7/2019.]
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| Filing 2 BRIEF in Support of #1 Petition for Writ of Habeas Corpus filed by ALEXANDER NDAULA. (Attachments: #1 Appendix) (ksa) [Transferred from Pennsylvania Western on 1/7/2019.] |
| Filing 1 EMERGENCY PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number 24668050691), filed by ALEXANDER NDAULA. (Attachments: #1 Receipt #24668050691 for $5.00 filing fee, #2 Envelope Petition mailed in) (ksa) [Transferred from Pennsylvania Western on 1/7/2019.] |
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