Buziashvili v. Albence et al
Zurab Buzaishvili and Zurab Buziashvili |
Matthew T Albence, William P Barr and Chad F. Wolf |
3:2021cv00185 |
February 3, 2021 |
US District Court for the Middle District of Pennsylvania |
Scranton Office |
CA |
Robert D Mariani |
Habeas Corpus - Alien Detainees |
28 U.S.C. § 2241 |
None |
Docket Report
This docket was last retrieved on September 23, 2021. A more recent docket listing may be available from PACER.
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Filing 24 SECOND THIRTY (30) DAY ADMINISTRATIVE ORDER) directing the prisoner to pay the filing fee or file a signed Application to Proceed IFP within 30 days or case will be dismissed. Signed by LP on 03/30/2021. As per LC. (Attachments: #1 IFP (habeas corpus)) (lp) |
Filing 23 Letter to Court from Zurab Busiashvili requesting case be reopened. (aaa) |
Filing 22 ORDER DISMISSING CASE without prejudice. Signed by Honorable Robert D. Mariani on 3/5/21. (jam) |
Filing 21 Mail Returned as Undeliverable. Pro Se Letter & Notice & Consent Form sent to Zurab Buzaishvili at LSCI Allenwood returned. Envelope states "Return to sender". Per Federal inmate locator Buzaishvili was released on 9/21/2020. (nr) |
Filing 20 PRO SE LETTER ISSUED w/ Notice & Consent Form. (lg) |
Filing 19 (THIRTY (30) DAY ADMINISTRATIVE ORDER) directing the prisoner to pay the filing fee or file a signed Application to Proceed IFP within 30 days or case will be dismissed. (Attachment: #1 IFP Form) (lg) |
Filing 18 Case transferred electronically in from Southern District of New York, Case Number 1:20-cv-04602, containing electronic documents. (lg) |
Filing 17 ORDER denying #7 Motion to Dismiss for Lack of Jurisdiction; granting #7 Motion to Transfer Case. For the reasons stated above, Respondents' motion to dismiss [dkt. no. 7] is DENIED, and their motion to transfer the case to the Middle District of Pennsylvania [dkt. no. 7] is GRANTED. Accordingly, the Petition shall be transferred to the Middle District of Pennsylvania. The Clerk of Court is respectfully directed to (1) terminate all open motions and (2) transfer this case to the United States District Court for the Middle District of Pennsylvania. The Court waives the seven-day day waiting period contained in Local Civil Rule 83.1. The Clerk of Court shall mail a copy of this order to Petitioner at the following address: Zurab Buzaishvili, A-071193-254, Clinton County Correctional Facility, 58 Pine Mountain Road, McElhattan, Pennsylvania 17748. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/2/2021) (va) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 2/3/2021.] |
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. (va) [Transferred from New York Southern on 2/3/2021.] |
Filing 16 CERTIFICATE OF SERVICE of Letter (ECF No. 15) served on Zurab Buzaishvili on 1/29/21. Service was made by Mail. Document filed by Matthew T. Albence, William P. Barr, Chad F. Wolf..(Kahane, Joshua) [Transferred from New York Southern on 2/3/2021.] |
Filing 15 LETTER addressed to Judge Loretta A. Preska from Joshua Kahane dated 1/29/21 re: petitioner's custody. Document filed by Matthew T. Albence, William P. Barr, Chad F. Wolf..(Kahane, Joshua) [Transferred from New York Southern on 2/3/2021.] |
Filing 14 ORDER: No later than January 29, 2021, the Government shall file a letter advising the Court as to whether Petitioner Zurab Buzaishvili remains in the custody of the Federal Bureau of Prisons or U.S. Immigration and Customs Enforcement, and, if so, where he is in custody. SO ORDERED. (Signed by Judge Loretta A. Preska on 1/20/2021) (va) [Transferred from New York Southern on 2/3/2021.] |
Filing 13 OBJECTION TO REVIEW BY MAGISTRATE JUDGE AND OPPOSITION TO RESPONDENT'S MOTION TO DISMISS OR TO TRANSFER THE PETITION FOR HABEAS CORPUS. Document filed by Zurab Buzaishvili. (sbr) [Transferred from New York Southern on 2/3/2021.] |
Filing 12 OBJECTION TO REVIEW BY MAGISTRATE JUDGE AND OPPOSITION(Response) TO RESPONDENT'S MOTION TO DISMISS OR TO TRANSFER THE PETITION FOR HABEAS CORPUS, re: #7 MOTION to Dismiss for Lack of Jurisdiction /Venue, and in the alternative. MOTION to Transfer Case to the Middle District of Pennsylvania. Document filed by Zurab Buzaishvili.(sc) [Transferred from New York Southern on 2/3/2021.] |
Filing 11 CERTIFICATE OF SERVICE of Motion to Dismiss or Transfer (ECF Nos. 7-8) and Letter (ECF No. 10) served on Zurab Buzaishvili on 7/7/20. Service was made by Mail. Document filed by Matthew T. Albence, William P. Barr, Chad F. Wolf. (Attachments: #1 United States Postal Service Tracking Number Receipt).(Kahane, Joshua) [Transferred from New York Southern on 2/3/2021.] |
Filing 10 LETTER addressed to Judge Loretta A. Preska from Joshua Kahane dated 7/7/20 re: corrected certificate of service. Document filed by Matthew T. Albence, William P. Barr, Chad F. Wolf..(Kahane, Joshua) [Transferred from New York Southern on 2/3/2021.] |
Filing 9 CERTIFICATE OF SERVICE of Motion to Dismiss or Transfer (ECF Nos. 7-8) served on Petitioner Zurab Buzaishvili on 7/2/20. Service was made by Mail. Document filed by Matthew T. Albence, William P. Barr, Chad F. Wolf..(Kahane, Joshua) [Transferred from New York Southern on 2/3/2021.] |
Filing 8 MEMORANDUM OF LAW in Support re: #7 MOTION to Dismiss for Lack of Jurisdiction /Venue, and in the alternative. MOTION to Transfer Case to the Middle District of Pennsylvania. . Document filed by Matthew T. Albence, William P. Barr, Chad F. Wolf. (Attachments: #1 Exhibit 1 - Gomez v Decker Transcript, #2 Exhibit 2 - ICE Detainer, #3 Exhibit 3 - Millul v Barr Transcript).(Kahane, Joshua) [Transferred from New York Southern on 2/3/2021.] |
Filing 7 MOTION to Dismiss for Lack of Jurisdiction /Venue, and in the alternative., MOTION to Transfer Case to the Middle District of Pennsylvania. Document filed by Matthew T. Albence, William P. Barr, Chad F. Wolf..(Kahane, Joshua) [Transferred from New York Southern on 2/3/2021.] |
Filing 6 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of Matthew T. Albence, William P. Barr, Chad F. Wolf..(Kahane, Joshua) [Transferred from New York Southern on 2/3/2021.] |
Filing 5 ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Petitioner, proceeding pro se, brings this petition for a writ of habeas corpus. To proceed with a petition for a writ of habeas corpus in this Court, a petitioner must either pay the $5.00 filing fee or, to request authorization to proceed in forma pauperis (IFP), that is, without prepayment of fees, submit a signed IFP application. See 28 U.S.C. 1914, 1915. Petitioner submitted the petition without the filing fee or an IFP application. Within thirty days of the date of this order, Petitioner must either pay the $5.00 filing fee or complete and submit the attached IFP application. If Petitioner submits the IFP application, it should be labeled with docket number 20-CV-4602 (LAP). If the Court grants the IFP application, Petitioner will be permitted to proceed without prepayment of fees. See 28 U.S.C. 1915(a)(1). The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. No answer shall be required at this time. If Petitioner complies with this order, the case shall be processed in accordance with the procedures of the Clerk's Office. If Petitioner fails to comply with this order within the time allowed, the action will be dismissed. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. Filing Fee due by 7/20/2020. In Forma Pauperis (IFP) Application due by 7/20/2020. (Signed by Judge Loretta A. Preska on 6/19/2020) (va) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 2/3/2021.] |
Filing 4 ORDER re: #1 Petition for Writ of Habeas Corpus filed by Zurab Buzaishvili. The Court is in receipt of Petitioner Zurab Buzaishvili's pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. Section 2241 [dkt. no. 1]. The Government shall file any opposition to Mr. Buzaishvili's petition within thirty days of the date hereof. After the Government files any opposition papers, Mr. Buzaishvili shall have fourteen days to reply. Chambers will mail a copy of this order to Mr. Buzaishvili. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/19/2020) (va) [Transferred from New York Southern on 2/3/2021.] |
Filing 3 MOTION for Compassionate Release Based on Extraordinary and Compelling Reasons. Document filed by Zurab Buzaishvili.(rdz) [Transferred from New York Southern on 2/3/2021.] |
Filing 2 MOTION for Assignment of the Case to Judge Preska. Document filed by Zurab Buzaishvili.(rdz) [Transferred from New York Southern on 2/3/2021.] |
Filing 1 PETITION FOR WRIT OF HABEAS CORPUS (Lodged No Filing Fee, No Motion for IFP) pursuant to 28 U.S.C. 2254. Document filed by Zurab Buzaishvili.(rdz) [Transferred from New York Southern on 2/3/2021.] Modified on 2/3/2021 (to add lodged language) (lg). |
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