Martinez-Barillas v. Guadian et al
| Matthew T Albence, Chad Wolf, Robert Guadian and Dale Schmidt |
| Jilberto Martinez-Barillas |
| 2:2020cv00785 |
| May 26, 2020 |
| US District Court for the Eastern District of Wisconsin |
| J P Stadtmueller |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Filing 12 LETTER to John W Heiderscheidt regarding ECF registration and Admission (sent via USPS) (jcl) |
| Filing 11 Case transferred in from District of Illinois Northern; Case Number 1:20-cv-03040. Original file certified copy of transfer order and docket sheet received. |
| NOTICE Regarding assignment of this matter to Judge J P Stadtmueller ;Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days;the consent/refusal form is available on our website (jcl) |
| Filing 10 TRANSFERRED to the Eastern District of Wisconsin the electronic record. (aee, ) [Transferred from ilnd on 5/26/2020.] |
Filing 9
ORDER Signed by the Honorable Robert M. Dow, Jr. on 5/22/2020. Petitioner Jilberto Martinez-Barillas ("Petitioner") has filed an emergency petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241, seeking release from custody due to the spread of COVID-19 in detention facilities, which he alleges puts him at serious risk due to a heart condition. Petitioner is currently being held in civil detention by U.S. Immigration and Customs Enforcement ("ICE") at the Dodge County, Wisconsin Jail ("Dodge County Jail") while he awaits deportation. "It is well-established that if relief under 2241 is available at all, it must be sought in the district of incarceration." Chazen v. Marske, 938 F.3d 851, 860 (7th Cir. 2019); see also Worman v. Entzel, 953 F.3d 1004, 1007 (7th Cir. 2020); Ruvira-Garcia v. Guadian, 2020 WL 1983875, at *1 (N.D. Ill. Apr. 17, 2020). Petitioner is currently incarcerated in Dodge County, Wisconsin, which is located in the Eastern District of Wisconsin. Therefore, the Clerk is directed to transfer this case forthwith to the United States District Court for the Eastern District of Wisconsin. The Clerk shall close this case number on the Court's docket. Mailed notice(cdh, ) [Transferred from ilnd on 5/26/2020.]
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| Filing 8 DESIGNATION of Elizabeth Inez Treacy as U.S. Attorney for Defendants Matthew T Albence, Robert Guadian, Chad Wolf, dale schmidt (Treacy, Elizabeth) [Transferred from ilnd on 5/26/2020.] |
| Filing 7 DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Defendants Matthew T Albence, Robert Guadian, Chad Wolf, dale schmidt (Oswald, Craig) [Transferred from ilnd on 5/26/2020.] |
| Filing 6 ATTORNEY Appearance for Petitioner Jilberto Martinez-Barillas by John W Heiderscheidt (Heiderscheidt, John) [Transferred from ilnd on 5/26/2020.] |
| Filing 4 MOTION by Petitioner Jilberto Martinez-Barillas to expedite for emergency motion for TRO (Attachments: #1 Affidavit, #2 Affidavit, #3 Supplement)(Godoy, Mario) [Transferred from ilnd on 5/26/2020.] |
| Filing 3 ATTORNEY Appearance for Petitioner Jilberto Martinez-Barillas by Mario A Godoy (Godoy, Mario) [Transferred from ilnd on 5/26/2020.] |
| Filing 2 CIVIL Cover Sheet (Godoy, Mario) [Transferred from ilnd on 5/26/2020.] |
| Filing 1 PETITION for writ of habeas corpus filed by Jilberto Martinez-Barillas against All Defendants Filing fee $ 5, receipt number 0752-17035287. (Attachments: #1 Affidavit Counsel's Verification, #2 Affidavit Affidavit of M.D. Brie Williams, #3 Supplement Brief in Support)(Godoy, Mario) [Transferred from ilnd on 5/26/2020.] |
| CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (acm, ) [Transferred from ilnd on 5/26/2020.] |
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Filing 5
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/21/2020: Mailed notice (ec, ) [Transferred from ilnd on 5/26/2020.]
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