MILLER v. MANNION et al
| Akeem Ricky Miller |
| Steve Mannion, Philadelphia Field Office, ALEJANDRO MAYORKAS, MERRICK GARLAND and Warden of Moshannon Valley Correctional Facility |
| 3:2022cv00120 |
| August 2, 2022 |
| US District Court for the Western District of Pennsylvania |
| Johnstown Office |
| Cynthia Reed Eddy |
| Kim R Gibson |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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| Document Text |
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| Filing 20 NOTICE of Voluntary Dismissal by Akeem Ricky Miller (Barre, Abadir) |
| Filing 19 STATUS REPORT by Akeem Ricky Miller. (Barre, Abadir) |
| Filing 18 TEXT ORDER - the MOTION for attorney Abadir Barre to Appear Pro Hac Vice #16 was stricken on 8/11/2022 as it failed to comport with the PAWD Local Rules. Counsel was directed to resubmit his motion, but to date has failed to do so. See Order of 8/11/2022 17 . It is hereby ORDERED that counsel for Petitioner shall (1) file a status report with the Court by 9/16/2022 indicating whether Petitioner has had his final merits hearing and whether Petitioner intends to continue to pursue this habeas case; and, if so, (2) counsel shall resubmit his motion to appear pro hac vice in compliance with this Court's Local Rules by 9/16/2022. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 8/26/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) |
| Filing 17 TEXT ORDER striking #16 Motion for Abadir Barre to Appear Pro Hac Vice. Counsel's motion does not comport with PAWD Local Rule 83.2 B,5. Counsel shall resubmit his motion in accordance with this Court's Local Rules. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 8/11/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc) |
| Filing 16 MOTION for attorney Abadir Barre to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7232833) by Akeem Ricky Miller. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Affidavit of Abadir Barre, #2 Exhibit Certificate of Good Standing, #3 Exhibit Proposed Order) (Barre, Abadir) |
Filing 15
MEMORANDUM ORDER - Upon consideration of Petitioner's filings insofar as he requests a Temporary Restraining Order or Preliminary Injunction (ECF Nos. #1 , #3 , #10 ), IT IS HEREBY ORDERED that Mr. Miller's Motion for a Temporary Restraining Order or Preliminary Injunction is DENIED. The Court reiterates that it is not now ruling on Mr. Miller's Petition for a Writ of Habeas Corpus, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 8/4/2022. (dlg)
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| Filing 14 TEXT ORDER: All counsel are advised that this Court's records indicate they have not been admitted to practice in the Western District of Pennsylvania. Therefore, counsel shall immediately: 1) Make arrangements to receive general admission; 2) Make arrangements for pro hac vice admission; or 3) Advise the Court that they have obtained local counsel who has been admitted to practice in this court. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 8/3/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc) |
| Judge Kim R. Gibson presiding and Magistrate Judge Cynthia Reed Eddy referred. (dmh) |
| Filing 13 Case transferred in from District of Pennsylvania Middle; Case Number 1:22-cv-00840. Original file certified copy of transfer order and docket sheet received. |
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Filing 12
ORDER ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Schwab; Case is TRANSFERRED to the Western District of Pennsylvania; Clerk of Court is directed to CLOSE this case. Signed by Honorable Robert D. Mariani on 8/1/22. (sm)
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| Filing 11 REPORT AND RECOMMENDATION re #1 Petition for Writ of Habeas Corpus, filed by Akeem Ricky Miller - We recommend that the court transfer this case to the United States District Court for the Western District of Pennsylvania. Objections to R&R due by 7/25/2022. Signed by Magistrate Judge Susan E. Schwab on July 11, 2022. (kjn) |
| VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Robert D. Mariani and referred to Magistrate Judge Susan E. Schwab for the filing of a Report and Recommendation. (jkc) |
| Filing 10 PLAINTIFF'S REPLY BRIEF by Akeem Ricky Miller. (Attachments: #1 Exhibit(s) Ex. A - Location of Moshannon Valley Correctional Center, #2 Exhibit(s) Ex. B - Location of Philipsburg, #3 Exhibit(s) Ex. C - Petitioner's Motion for Bond Redetermination on April 1, 2022, #4 Exhibit(s) Ex. D - Petitioner's Motion for Bond Redetermination on May 12, 2022, #5 Exhibit(s) Ex. E - Petitioner's Appeal of Denial of Bond Redetermination, #6 Exhibit(s) Ex. F - Petitioner's Upcoming Final Merits Hearing)(Barre, Abadir) |
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Filing 9
ORDER granting ptnr's request #8 for ext of time to file reply to respondents' response until 6/22/2022. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 6/16/22. (ki)
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| Filing 8 Letter from Plaintiff requesting an extension of time. . (Barre, Abadir) |
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Filing 7
ORDER re: petition #1 for writ of h/c & response #4 , directing that ptnr Miller may file a reply by 6/15/2022. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 6/1/22. (ki)
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| Filing 6 RESPONSE TO PETITION FOR HABEAS CORPUS by Merrick Garland, Steve Mannion, Alejandro Mayorkas, Philadelphia Field Office, Warden of Moshannon Valley Correctional Facility by Merrick Garland, Steve Mannion, Alejandro Mayorkas, Philadelphia Field Office, Warden of Moshannon Valley Correctional Facility. (Attachments: #1 Unpublished Opinion(s), #2 Unpublished Opinion(s), #3 Unpublished Opinion(s), #4 Unpublished Opinion(s), #5 Exhibit(s) A, #6 Exhibit(s) B, #7 Exhibit(s) C, #8 Exhibit(s) D, #9 Exhibit(s) E)(Butler, Michael) |
| ADMISSION FORMS SENT to Attorney Janelle Baptiste. (lg) |
| Receipt of payment from AKEEM MILLER in the amount of $5.00 for WRIT OF HABEAS CORPUS. Transaction posted on 5/27/2022. Receipt number 333081275 processed by epetrosk. (jjs) |
| Filing 5 ACKNOWLEDGEMENT OF SERVICE on the United States Attorney. (gs) |
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Filing 4
ORDER TO SHOW CAUSE - IT IS ORDERED that The Clerk of Court is directed to immediately serve a copy of the petition #1 and application for order to show cause #3 and this Order on the United States Attorney. On or before June 1, 2022, the United States Attorney shall file a response to the application for order to show cause. Signed by Magistrate Judge Susan E. Schwab on 5/27/22. (rw)
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| Filing 3 Petitioner's Application for Order to Show Cause in Support of Verified Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief Pursuant to 28 USC 2243 by Akeem Ricky Miller.. (lp) |
| Filing 2 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Abadir Jama Barre on behalf of Akeem Ricky Miller Attorney Abadir Jama Barre is seeking special admission. Filing fee $ 50 Filing Fee: 50.00 Receipt Number: 333081274 (Attachments: #1 Affidavit of Movant (Barre), #2 Proposed Order for Pro Hoc Vice) (lp) Modified on 5/27/2022 (lp). (Additional attachment(s) added on 5/27/2022: #3 Pro Hoc Vice Receipt) (lp). |
| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $5, Receipt Number 333), filed by Akeem Ricky Miller. (Attachments: #1 Civil Cover Sheet, #2 Cover Letter)(lp) Modified on 5/27/2022 (lp). (Additional attachment(s) added on 5/27/2022: #3 Copy of Filing Fee Receipt) (lp). |
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