Millul v. Barr et al
| Jeremy Millul |
| William Barr and Chad Wolf |
| 3:2020cv00827 |
| May 20, 2020 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Malachy E Mannion |
| Habeas Corpus - Alien Detainees |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on May 29, 2020. A more recent docket listing may be available from PACER.
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Filing 28
ORDER DISMISSING CASE Approving Stipulation of Dismissal.Signed by Honorable Malachy E Mannion on 5/29/20. (bs)
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| Filing 27 STIPULATION of Dismissal by Jeremy Millul. (Copeland, Gregory) |
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Filing 26
SCHEDULING ORDER:The court has reviewed the letter regarding the continuing progress being made in an effort to resolve this matter. The parties may provide another update by Friday, May 29, 2020 by 5 p.m. should a stipulation not be reached by that time. Signed by Honorable Malachy E Mannion on 5/26/20. (bs)
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| Filing 25 Letter from Gregory P. Copeland Update re: Progress Toward Stipulated Resolution. (Copeland, Gregory) |
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Filing 24
ORDER The court has reviewed the letter stipulations from the parties. (Docs. 22 and 23). They are approved. The WebEx scheduled for Friday, May 22, 2020 is Cancelled. re #23 #22 . Signed by Honorable Malachy E Mannion on 5/21/20. (bs)
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| Filing 23 Letter from Gregory P. Copeland re: Clarification of Requests in ECF No. 22. (Copeland, Gregory) |
| Filing 22 Letter from Gregory P. Copeland re: Holding Deadlines in Abeyance Pending Settlement. (Copeland, Gregory) |
| Filing 21 NOTICE of Appearance by Joanne M. Sanderson on behalf of William Barr, Chad Wolf. (Sanderson, Joanne) |
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Filing 20
SCHEDULING ORDER:the Petitioner Jeremy Milluls emergency application for an order to show cause and a temporary restraining order, (Doc. 19), is GRANTED only until 2p.m. on Friday, May 22, 2020, at which point counsel shall appear before the court by video conference; The proceeding will be held by Webex.Respondents are DIRECTED to file a responsive brief by 5 p.m. on Thursday, May 21, 2020, (See order for details). WEBEX Hearing set for 5/22/2020 02:00 PM before Honorable Malachy E Mannion.Signed by Honorable Malachy E Mannion on 5/20/20. (bs)
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| Filing 19 Emergency MOTION for Temporary Restraining Order by Jeremy Millul. (Attachments: #1 Memo, #2 Proposed Order)(Copeland, Gregory) |
| Filing 18 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Gregory P Copeland on behalf of Jeremy Millul Attorney Gregory Copeland is seeking special admission., filed by on behalf of Jeremy Millul.(Copeland, Gregory) |
| Filing 17 NOTICE of Appearance by Gregory P Copeland on behalf of Jeremy Millul (Copeland, Gregory) |
| Filing 16 Case transferred electronically in from District of New York Southern; Case Number 1:20-cv-03466 containing electronic documents. |
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Filing 15
ORDER: On May 20, 2020, a hearing was held in the above matter on the issue of venue and jurisdiction. For the reasons stated on the record, the Court hereby ORDERS that this matter be transferred to the Middle District of Pennsylvania. Given the time sensitivity of Petitioners claims, the Court waives the seven-day waiting period customarily afforded under Local Civil Rule 83.1 and directs the Clerk of Court to effectuate the transfer as soon as possible. (Signed by Judge Andrew L. Carter, Jr on 5/20/2020) (rj) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 5/20/2020.]
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| Filing 14 AMENDED PETITION amending #1 Petition for Writ of Habeas Corpus,, against William Barr, Chad Wolf.Document filed by Jeremy Millul. Related document: #1 Petition for Writ of Habeas Corpus,,. (Attachments: #1 Exhibit 1, Clarification of Compassionate Release Order, #2 Redline Comparison of Amendments).(Copeland, Gregory) [Transferred from New York Southern on 5/20/2020.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Middle District of Pennsylvania.(rj) [Transferred from New York Southern on 5/20/2020.] |
| Filing 13 RESPONSE re: #10 EMERGENCY LETTER MOTION for Leave to File Supplemental Evidence in Support of Request for Preliminary Injunction and Temporary Restraining Order (ECF No. 4) and Request for Reconsideration of Denial of Temporary Restraining Order (ECF No. 5), or, in . Document filed by William Barr, Chad Wolf. (Attachments: #1 Exhibit A - Gomez v. Decker Transcript).(Kahane, Joshua) [Transferred from New York Southern on 5/20/2020.] |
| Filing 12 LETTER addressed to Judge Andrew L. Carter, Jr. from Gregory P. Copeland dated May 18, 2020 re: Order Granting Compassionate Release. Document filed by Jeremy Millul. (Attachments: #1 Exhibit 1, Order Granting Compassionate Release (May 18, 2020)).(Copeland, Gregory) [Transferred from New York Southern on 5/20/2020.] |
| Filing 11 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of William Barr, Chad Wolf..(Kahane, Joshua) [Transferred from New York Southern on 5/20/2020.] |
| Filing 10 EMERGENCY LETTER MOTION for Leave to File Supplemental Evidence in Support of Request for Preliminary Injunction and Temporary Restraining Order (ECF No. 4) and Request for Reconsideration of Denial of Temporary Restraining Order (ECF No. 5), or, in the Alternative, Request for Schedule Expediting addressed to Judge Andrew L. Carter, Jr. from Gregory P. Copeland dated May 14, 2020. Document filed by Jeremy Millul. (Attachments: #1 Exhibit 1, Motion to Reconsider Compassionate Release Request, USA v. Pinto-Thomaz et al., No. 18-cr-00579-JSR-3, Dkts. 194 (S.D.N.Y. May 8, 2020), #2 Exhibit 2, Villavicencio Calderon v. Sessions, No. 18 Civ. 05222 (PAC) Dkt. 16, Respondents Memo in Opposition (June 26, 2018), #3 Exhibit 3, S.N.C. v. Sessions et al., No. 18 Civ. 7680 (LGS) Dkt. 6, Respondents Letter Requesting Transfer of Venue (S.D.N.Y. Aug. 23, 2018), #4 Exhibit 4, Wellington v. Barr, No. 19 Civ. 1986 (ER) Dkt 5, Respondents Letter Requesting Transfer of Venue (S.D.N.Y. Mar. 26, 2019)).(Copeland, Gregory) [Transferred from New York Southern on 5/20/2020.] |
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Filing 9
ORDER: On May 12, 2020, this Court issued an Order to Show Cause in the above matter. Today, Respondents sent a letter to the Court requesting that the matter be transferred to the Middle District of Pennsylvania. Having considered Respondents' request, it is hereby ORDERED that the briefs to be filed before the May 20, 2020 conference be limited to the question of jurisdiction and/or venue. The Court gives leave to Petitioner to file supplemental briefing on these topics by Friday, May 15, 2020, with any reply from Respondents by May 18, 2020. SO ORDERED., Brief due by 5/20/2020., Reply to Response to Brief due by 5/18/2020. (Signed by Judge Andrew L. Carter, Jr on 5/13/2020) (rj) [Transferred from New York Southern on 5/20/2020.]
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| Filing 8 LETTER MOTION to Expedite consideration of the government's request to transfer this case to M.D. Pa. (where petitioner is detained) due to improper venue, and to adjourn briefing on the petition (ECF No. 1) and motion (ECF No. 4) until the issue of jurisdiction/venue is decided addressed to Judge Andrew L. Carter, Jr. from AUSA Michael J. Byars dated May 13, 2020. Document filed by William Barr, Chad Wolf. (Attachments: #1 Exhibit A - detainer lodged by ICE sub office in Allenwood, Pennsylvania).(Byars, Michael) [Transferred from New York Southern on 5/20/2020.] |
| Filing 7 NOTICE OF APPEARANCE by Michael James Byars on behalf of William Barr, Chad Wolf..(Byars, Michael) [Transferred from New York Southern on 5/20/2020.] |
| Filing 6 CERTIFICATE OF SERVICE of Summons and Petition for Writ of Habeas Corpus,, served. William Barr served on 5/4/2020, answer due 7/6/2020; Chad Wolf served on 5/4/2020, answer due 7/6/2020. Service was made by EMAIL. Document filed by Jeremy Millul..(Copeland, Gregory) [Transferred from New York Southern on 5/20/2020.] |
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Filing 5
ORDER TO SHOW CAUSE: Upon consideration of the Petitioner Application for Order to Show Cause and Preliminary Injunction and Temporary Restraining Order, the Memorandum of Law in Support thereof, the Verified Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief, it is hereby ORDERED that Petitioner's request for Temporary Restraining Order is DENIED. It is FURTHER ORDERED that: 1.Petitioner serve this Order and all supporting papers on Respondents and file proof of service with the Court electronically by May 12, 2020; 2.Petitioner and Respondents appear before the Court by telephone on May 20, 2020at 2 p.m. for a hearing on whether the Court should issue a preliminary injunction granting Petitioner's requested relief (Phone No. (888) 363-4749 - access code:3768660); and, 3. The Parties proceed in accordance with following briefing schedule: Respondents' Response May 15, 2020 Petitioner's Reply May 18, 2020. ( Show Cause Hearing set for 5/20/2020 at 02:00 PM before Judge Andrew L. Carter Jr., Show Cause Response due by 5/15/2020.), ( Show Cause Response due by 5/15/2020., Replies due by 5/18/2020.), Motions terminated: #4 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . filed by Jeremy Millul. (Signed by Judge Andrew L. Carter, Jr on 5/12/2020) (tro) (Main Document 5 replaced on 5/12/2020) (rj). [Transferred from New York Southern on 5/20/2020.]
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| Filing 4 EMERGENCY MOTION for Order to Show Cause ., MOTION for Temporary Restraining Order ., MOTION for Preliminary Injunction . Document filed by Jeremy Millul. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order).(Copeland, Gregory) [Transferred from New York Southern on 5/20/2020.] |
| Filing 3 NOTICE OF APPEARANCE by Sarah Telo Gillman on behalf of Jeremy Millul..(Gillman, Sarah) [Transferred from New York Southern on 5/20/2020.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) [Transferred from New York Southern on 5/20/2020.] |
| Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) [Transferred from New York Southern on 5/20/2020.] |
| Case Designated ECF. (pc) [Transferred from New York Southern on 5/20/2020.] |
| Filing 2 CIVIL COVER SHEET filed..(Copeland, Gregory) [Transferred from New York Southern on 5/20/2020.] |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-19700564)Document filed by Jeremy Millul. (Attachments: #1 Notice to Appeal, #2 Declaration of Jessica Ilitzky Lombrozo, #3 Marriage Certificate, #4 Birth Certificates, #5 Docket Sheet, #6 Sentence Information, #7 Order Granting Travel Request, #8 Proof of Surrender, #9 Judge Rakoff Decision, #10 Furlough Memo, #11 ICE Mar. 18 Memo, #12 Drs. Scott and Allen Letter to Congress, #13 Mar. 24, Congressional Letter, #14 Mar. 20, Congressional Letter, #15 Pre Sentence Memo, #16 ICE Emails Feb 2020).(Copeland, Gregory) [Transferred from New York Southern on 5/20/2020.] |
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