GOMEZ ORTIZ v. ODDO
| JULIO PATRICIO GOMEZ ORTIZ |
| LEONARD ODDO, BRIAN MCSHANE, ALEJANDROl MAROYKAS, MERRICK GARLAND and ALEJANDRO MAROYKAS |
| 3:2022cv00243 |
| December 21, 2022 |
| US District Court for the Western District of Pennsylvania |
| Stephanie L Haines |
| Keith A Pesto |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on January 19, 2023. A more recent docket listing may be available from PACER.
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Filing 16
MEMORANDUM AND ORDER OF COURT - Pursuant to Federal Rule of Civil Procedure 41(a)(2), IT IS ORDERED that this action hereby is DISMISSED WITHOUT PREJUDICE. The Clerk of Court shall mark this matter closed, and as more fully stated in said Memorandum and Order of Court. Signed by Judge Stephanie L. Haines on 1/19/2023. (dlg)
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| Filing 15 RESPONSE to #14 Notice of Voluntary Dismissal, filed by MERRICK GARLAND, ALEJANDRO MAROYKAS, BRIAN MCSHANE, LEONARD ODDO. (Fischer, Adam) |
| Filing 14 NOTICE of Voluntary Dismissal In Light of Release from Custody by JULIO PATRICIO GOMEZ ORTIZ (Austin, Paige) |
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Filing 13
MEMORANDUM AND ORDER OF COURT - Upon due consideration of Petitioner's motion for temporary restraining order [Doc. #3 ], Respondents' response in opposition [Doc. #10 ], and Petitioner's reply [Doc. #12 ], and, in light of the order of the Board of Immigration Appeals granting Petitioner's request of a stay of removal pending his appeal from the denial of his motion to reopen [Doc. #10 -1], IT IS ORDERED that Petitioner's motion for a temporary restraining order [Doc. #3 ] hereby is DENIED AS MOOT; and, IT FURTHER IS ORDERED that the temporary restraining order [Doc. #9 ] entered by this Court on January 2, 2023, in order to enable a response and a hearing on Petitioner's motion for temporary restraining order, hereby is DISSOLVED in light of Respondent's response and the lack of need for a hearing on the motion; and, IT FURTHER IS ORDERED that Petitioner's motion for telephonic appearance at any hearing held on the motion for temporary restraining order [Doc. #5 ] hereby is DENIED AS MOOT, as no hearing is necessary on that motion, and as more fully stated in said Memorandum and Order of Court. Signed by Judge Stephanie L. Haines on 1/11/2023. (dlg)
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| Filing 12 REPLY to Response to Motion re #3 Motion for TRO, filed by JULIO PATRICIO GOMEZ ORTIZ. (Attachments: #1 Declaration Supp. of Paige Austin, Esq.) (Barron, Kyle) |
| Filing 11 SUMMONS/Return of Service Returned Executed by JULIO PATRICIO GOMEZ ORTIZ. MERRICK GARLAND served on 1/6/2023, answer due 3/7/2023; ALEJANDRO MAROYKAS served on 1/6/2023, answer due 3/7/2023; BRIAN MCSHANE served on 1/6/2023, answer due 3/7/2023; LEONARD ODDO served on 1/6/2023, answer due 3/7/2023. (Attachments: #1 Exhibit Certified Mail Envelopes and Delivery Confirmation) (Austin, Paige) |
| Filing 10 RESPONSE IN OPPOSITION to #9 Temporary Restraining Order, filed by MERRICK GARLAND, ALEJANDRO MAROYKAS, BRIAN MCSHANE, LEONARD ODDO. (Attachments: #1 Exhibit A, #2 Exhibit B) (Fischer, Adam) |
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Filing 9
TEMPORARY RESTRAINING ORDER. Upon due consideration of Petitioner's motion for temporary restraining order [Doc. 3], and, pursuant to the status conference held this day at which counsel for Petitioner and counsel for Respondents participated, and the Court having found that Respondents have received notice of the motion but have not had an opportunity to respond; accordingly, in order to preserve the status quo and to prevent irreparable harm to Petitioner just so long as is necessary to obtain a response and to hold a hearing on Petitioner's motion, see Hope v. Warden York County Prison, 956 F.3d 156, 160 (3d Cir. 2020), IT IS ORDERED, pursuant to Federal Rule of Civil Procedure 65(b), that Respondents hereby are temporarily enjoined from transferring Petitioner from his current location at Moshannon Valley Processing Center and from removing Petitioner from the United States. The Court finds that Petitioner has demonstrated that irreparable harm will result if he is transferred or removed prior to a response and hearing; and,IT FURTHER IS ORDERED that Respondents shall file a response to Petitioner's motion for temporary restraining order [Doc. 3] on or before 1/5/23; and, Petitioner may file a reply to the response on or before 1/9/23. Upon review of the response and reply, if any, the Court by further order will schedule a hearing on the motion as promptly as justice requires; and, IT FURTHER IS ORDERED, pursuant to Federal Rule of Civil Procedure 65(b)(2), that this temporary restraining order shall expire 14 days after entry, unless before that time the Court, for good cause, extends it for a like period, or Respondents consent to a longer extension. Signed by Judge Stephanie L. Haines on 1/2/23. (gpr)
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| Filing 8 Minute Entry for proceedings held before Judge Stephanie L. Haines: Telephonic Status Conference held on 1/2/23. Court convened for status conference regarding Plaintiffs motion for TRO [Doc. 3]. Counsel entered appearances. Court heard from Attorney Austin regarding the motion. AUSA Fischer indicated that he is in receipt of the motion but that he has not yet had an opportunity to discuss the motion with his clients. The Court found that Respondents have received oral and written notice of the motion, and further found, based on Petitioner's brief and the argument made by Petitioner's counsel at the conference, that Petitioner has demonstrated that irreparable harm will result if he is transferred or removed prior to a response and hearing on the motion. The Court granted a temporary restraining order enjoining the transfer or removal of Petitioner pending a response and hearing. The Court will order a response from Respondents. The temporary restraining order will expire in 14 days unless extended for good cause or upon consent. An appropriate written order will follow. (Court Reporter: Shirley Hall) (gpr) |
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Filing 7
ORDER OF COURT. Telephonic Status Conference set for 1/2/23 at 5:00 PM before Judge Stephanie L. Haines re: #3 Motion for TRO filed by JULIO PATRICIO GOMEZ ORTIZ. The conference will be conducted via AT&T telephone conference. The call information will be sent via email to counsel of record. Signed by Judge Stephanie L. Haines on 1/2/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (gpr)
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Filing 6
ORDER OF COURT granting #4 Motion for Paige Austin to Appear Pro Hac Vice. Attorney Paige Austin hereby is admitted pro hac vice to represent Petitioner Julio Patricio Gomez Ortiz before this Court in this action only. Signed by Judge Stephanie L. Haines on 1/2/23. (gpr)
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| Filing 5 MOTION Telephonic or Video Appearance by JULIO PATRICIO GOMEZ ORTIZ. (Attachments: #1 Proposed Order) (Barron, Kyle) |
| Filing 4 MOTION for attorney Paige Austin to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7465544) by JULIO PATRICIO GOMEZ ORTIZ. (Attachments: #1 Affidavit of Movant Paige Austin and Attached Certificate of Good Standing, #2 Proposed Order) (Austin, Paige) |
| Filing 3 MOTION for Temporary Restraining Order by JULIO PATRICIO GOMEZ ORTIZ. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Declaration Paige Austin, Esq. with Exhibits, #3 Declaration Monica Lema, #4 Declaration Rosa Minchala, #5 Proposed Order) (Barron, Kyle) |
| Filing 2 First AMENDED COMPLAINT against MERRICK GARLAND, ALEJANDRO MAROYKAS, BRIAN MCSHANE, LEONARD ODDO, filed by JULIO PATRICIO GOMEZ ORTIZ. (Barron, Kyle) |
| Magistrate Judge Keith A. Pesto no longer presiding in case. Judge Stephanie L. Haines presiding and Magistrate Judge Keith A. Pesto referred. (sms) |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $5, receipt number APAWDC-7452619), filed by JULIO PATRICIO GOMEZ ORTIZ. (Attachments: #1 Civil Cover Sheet) (jv) |
| Magistrate Judge Keith A. Pesto added. (bgs) |
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