Diallo v. Pitts et al
Petitioner: Mamadou Bailo Diallo
Respondent: Matthew Albence, Daniel Bible, Attorney General William Barr, Michael J. Pitts, William Oestreich, Chad Wolf, Matthew T Albence and William Barr
Case Number: 1:2019cv00216
Filed: November 27, 2019
Court: US District Court for the Southern District of Texas
Presiding Judge: Rolando Olvera
Referring Judge: Ignacio Torteya
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 12, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 23, 2020 Filing 16 RESPONSE in Opposition to #15 Opposed MOTION for Extension of Time to file objections to the Magistrate's R&R, filed by Mamadou Bailo Diallo. (McGraw, Peter)
January 23, 2020 Filing 15 Opposed MOTION for Extension of Time to file objections to the Magistrate's R&RMotions referred to Ignacio Torteya, III. by Matthew T Albence, William Barr, Daniel Bible, William Oestreich, Michael J. Pitts, Chad Wolf, filed. Motion Docket Date 2/13/2020. (Attachments: #1 Proposed Order for extension of time to file objections to the R&R)(Wyatt, Keith)
January 22, 2020 Filing 14 RETURN of Service of SUMMONS Executed as to Daniel Bible served on 12/19/2019, answer due 2/18/2020, filed.(dbenavides, 1)
January 15, 2020 Filing 13 REPORT AND RECOMMENDATIONS. It is recommended that the Court (1) DENY Respondent's Motion to Dismiss re #8 ; (2) GRANT Diallo's petition in part; and (3) GRANT Diallo's Motion for Hearing re: #12 . Specifically, it is recommended that the Court set a hearing as soon as reasonably possible to determine: (1) whether Diallo's continued detention without a hearing violates his due process rights under the Fifth Amendment to the U.S. Constitution; and if so, (2) whether Diallo should be released with appropriate conditions of supervision. Objections to R&R due by 1/29/2020 (Signed by Magistrate Judge Ignacio Torteya, III) Parties notified. (rnieto, 1)
January 13, 2020 Filing 12 Opposed MOTION for 28 U.S.C. 2243 Hearing Motions referred to Ignacio Torteya, III. by Mamadou Bailo Diallo, filed. Motion Docket Date 2/3/2020. (Attachments: #1 Proposed Order)(McGraw, Peter)
January 2, 2020 Filing 11 RESPONSE in Opposition to #8 MOTION to Dismiss Petition for Writ of Habeas Corpus, filed by Mamadou Bailo Diallo. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(McGraw, Peter)
December 23, 2019 Filing 10 RETURN of Service of SUMMONS Executed as to William Barr served on 12/17/2019, answer due 2/18/2020, filed.(EdnitaPonce, 1)
December 23, 2019 Filing 9 RETURN of Service of SUMMONS Executed as to Michael J. Pitts served on 12/20/2019, answer due 2/18/2020, filed.(dbenavides, 1)
December 23, 2019 Filing 8 MOTION to Dismiss Petition for Writ of Habeas Corpus Motions referred to Ignacio Torteya, III. by Matthew T Albence, William Barr, Daniel Bible, William Oestreich, Michael J. Pitts, Chad Wolf, filed. Motion Docket Date 1/13/2020. (Attachments: #1 Exhibit Exhibits 1-10, #2 Proposed Order)(Wyatt, Keith)
December 9, 2019 Opinion or Order Filing 7 ORDER granting #6 Motion for Extension of Time. Respondents are Ordered to file their response on or before December 25, 2019. Petitioner shall file a reply within ten days thereafter. Responses due by 12/25/2019.(Signed by Magistrate Judge Ignacio Torteya, III) Parties notified.(dbenavides, 1)
December 6, 2019 Filing 6 Opposed MOTION for Extension of Time For the respondents to reply to the petitioner's petitionMotions referred to Ignacio Torteya, III. by Matthew T Albence, William Barr, Daniel Bible, William Oestreich, Michael J. Pitts, Chad Wolf, filed. Motion Docket Date 12/27/2019. (Attachments: #1 Proposed Order for extension of time to reply to the petitioner's petition)(Wyatt, Keith)
December 5, 2019 Opinion or Order Filing 5 Amended Order to Show Cause. The Clerk of Court is ORDERED to issue summons pursuant to Federal Rule of Civil Procedure 4(i)(2). See FED. R. CIV. P., Rule 4(i)(2). The United States Marshals Service is ORDERED to serve Respondents with: (1) a copy of this Amended Order to Show Cause; and (2) a copy of Diallos 28 U.S.C. 2241 Petition for Writ of Habeas Corpus. Dkt. No. 1. Pursuant to 28 U.S.C. 2243, Respondents are ORDERED to file their Return within three days or provide good cause as to why they should be provided additional time, not to exceed 20 days. Petitioner shall file a reply within ten days thereafter. (Signed by Magistrate Judge Ignacio Torteya, III) Parties notified.(dbenavides, 1)
December 5, 2019 Summons Issued as to Matthew T Albence, William Barr, Daniel Bible, William Oestreich, Michael J. Pitts, Chad Wolf, filed.(dbenavides, 1)
December 3, 2019 Opinion or Order Filing 4 ORDER granting #3 Motion for Order to Show Cause. The United States Marshals Service is ORDERED to serve Respondents with: (1) a copy of this Order to Show Cause; and (2) a copy of Diallos 28 U.S.C. 2241 Petition for Writ of Habeas Corpus. Dkt. No. 1. Pursuant to 28 U.S.C. 2243, Respondents are ORDERED file their Return within three days or provide good cause as to why they should be provided additional time, not to exceed 20 days. Petitioner shall file a reply within ten days thereafter. (Signed by Magistrate Judge Ignacio Torteya, III) Parties notified.(dbenavides, 1)
November 27, 2019 Filing 3 Opposed MOTION for Order to Show Cause as to Requiring Respondents to Timely Respond by Mamadou Bailo Diallo, filed. Motion Docket Date 12/18/2019. (Attachments: #1 Exhibit 1, #2 Proposed Order)(McGraw, Peter)
November 27, 2019 Filing 2 MEMORANDUM in Support of Petition for Writ of Habeas Corpus by Mamadou Bailo Diallo, filed. (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, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30)(McGraw, Peter)
November 27, 2019 Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number 0541-23657341) filed by Mamadou Bailo Diallo. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet)(McGraw, Peter)

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Respondent: Matthew Albence
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Respondent: Daniel Bible
Represented By: Keith Edward Wyatt
Represented By: Christopher D Pineda
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Respondent: Attorney General William Barr
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Respondent: Michael J. Pitts
Represented By: Keith Edward Wyatt
Represented By: Christopher D Pineda
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Respondent: William Oestreich
Represented By: Keith Edward Wyatt
Represented By: Christopher D Pineda
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Respondent: Chad Wolf
Represented By: Keith Edward Wyatt
Represented By: Christopher D Pineda
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Respondent: Matthew T Albence
Represented By: Keith Edward Wyatt
Represented By: Christopher D Pineda
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Respondent: William Barr
Represented By: Keith Edward Wyatt
Represented By: Christopher D Pineda
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Petitioner: Mamadou Bailo Diallo
Represented By: Peter Eammon McGraw
Represented By: Susan Leigh Watson
Represented By: Rebecca Fae Sherman Sheff
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