1
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PETITION by Immigration and Customs Enforcement Detainees of Plymouth County Correctional Facility, filed by Pedro Wabibi Augusto.(Danieli, Chris) (Entered: 04/07/2020)
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April 7, 2020
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April 7, 2020
RECAP
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2
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ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Danieli, Chris) (Entered: 04/07/2020)
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April 7, 2020
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April 7, 2020
PACER
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3
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Judge Allison D. Burroughs: ORDER entered. SERVICE ORDER re 2241 Petition. 1. Petitioners shall, within twenty-eight (28) days, pay the $5.00 filing fee. 2. Antone Moniz, Superintendent of PCCF, shall be substituted as the sole respondent. 3. The Clerk of this Court shall serve a copy of the petition upon Superintendent Moniz and the United States Attorney for the District of Massachusetts. 4. The respondent shall, no later than Wednesday, April. 15, 2020, file a response to the petition. (PSSA, 3) (Entered: 04/08/2020)
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April 8, 2020
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April 8, 2020
RECAP
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4
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NOTICE of Appearance by Stephen A. Lagana on behalf of Felipe De Lima Moreira Barros, Jose Hernandez, Victor Silva Soares, Rogerio Pereira daSilva (Lagana, Stephen) (Entered: 04/10/2020)
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April 10, 2020
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April 10, 2020
PACER
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5
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NOTICE of Appearance by Irene C. Freidel on behalf of Kiberu Quraish (Freidel, Irene) (Entered: 04/13/2020)
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April 13, 2020
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April 13, 2020
RECAP
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6
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NOTICE of Appearance by Christopher F. Warner on behalf of Abdy Nizeyimana (Warner, Christopher) (Entered: 04/13/2020)
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April 13, 2020
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April 13, 2020
RECAP
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7
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NOTICE of Appearance by Daniel L. McFadden on behalf of Wilmer Espinal Alvarado (McFadden, Daniel) (Entered: 04/13/2020)
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April 13, 2020
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April 13, 2020
RECAP
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8
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EMERGENCY Amended Petition for Writ of Habeas Corpus and Injunctive Relief against Antone Moniz, filed by Wilmer Espinal Alvarado. (Attachments: # 1 Exhibit A, # 2 Appendix)(McFadden, Daniel) Modified on 4/14/2020 to correct docket text to indicate emergency filing (McDonagh, Christina). (Entered: 04/13/2020)
1 Exhibit A
View on PACER
2 Appendix
View on PACER
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April 13, 2020
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April 13, 2020
RECAP
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9
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DECLARATION re 8 Amended Complaint of Dr. Louis Golob by Wilmer Espinal Alvarado. (Attachments: # 1 Exhibit A)(McFadden, Daniel) (Entered: 04/13/2020)
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April 13, 2020
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April 13, 2020
PACER
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10
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DECLARATION re 8 Amended Complaint of Dr. Robert Greifinger by Wilmer Espinal Alvarado. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McFadden, Daniel) (Entered: 04/13/2020)
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April 13, 2020
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April 13, 2020
PACER
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11
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DECLARATION re 8 Amended Complaint of Michael Felsen, Esq. by Wilmer Espinal Alvarado. (McFadden, Daniel) (Entered: 04/13/2020)
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April 13, 2020
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April 13, 2020
PACER
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12
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DECLARATION re 8 Amended Complaint of Susan Church, Esq. by Wilmer Espinal Alvarado. (McFadden, Daniel) (Entered: 04/13/2020)
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April 13, 2020
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April 13, 2020
PACER
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13
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DECLARATION re 8 Amended Complaint of Matthew Segal, Esq. by Wilmer Espinal Alvarado. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(McFadden, Daniel) (Entered: 04/13/2020)
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April 13, 2020
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April 13, 2020
PACER
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14
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NOTICE by Wilmer Espinal Alvarado re 8 EMERGENCY Amended Petition for Writ of Habeas Corpus and Injunctive Relief (McFadden, Daniel) (Entered: 04/13/2020)
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April 13, 2020
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April 13, 2020
RECAP
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15
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NOTICE of Appearance by Susan B. Church on behalf of Wilmer Espinal Alvarado (Church, Susan) (Entered: 04/14/2020)
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April 14, 2020
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April 14, 2020
PACER
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Order
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April 14, 2020
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April 14, 2020
PACER
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16
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General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (McDonagh, Christina) (Entered: 04/14/2020)
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April 14, 2020
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April 14, 2020
PACER
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17
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Judge Allison D. Burroughs: ORDER entered. SERVICE ORDER re Emergency Amended Petition 8 filed by Petitioner Espinal Alvarado. 1. The Clerk of this Court shall serve a copy of the emergency amended petition upon Superintendent Moniz and the United States Attorney for the District of Massachusetts. 2. The respondent shall, no later than Thursday, April. 16, 2020, file a response to Espinal Alvarados emergency amended petition. 3. The Clerk is not required to serve a paper copy of this order on any petitioner. (PSSA, 3) (Entered: 04/14/2020)
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April 14, 2020
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April 14, 2020
PACER
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18
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Remark. Emergency Amended Petition 8 and supporting declarations 9, 10, 11, 12, and 13, sent by email to United States Attorney's Office (Ray Farquhar, Esq., Michael Sady, Esq., Ellen Souris) on 4/14/2020 @ 2:18pm. (PSSA, 3) (Entered: 04/14/2020)
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April 14, 2020
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April 14, 2020
PACER
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19
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Judge Allison D. Burroughs: ELECTRONIC ORDER entered. "As allowed by Paragraph 4 of the Standing Procedural Order Regarding Public Access to Immigration Cases, the Court hereby allows immediate electronic access to the filings in this case. The parties may make filings under seal, with a redacted public version where appropriate and subject to review by the Court and are reminded to redact consistent with the requirements of Fed.R.Civ.P. 5.2(a). All other provisions of the Standing Procedural Order shall remain in effect. Further, the limitation on internet publication of paper copies during the first 30 days after filing, as set forth in Paragraph 3, is expanded to include the internet publication of documents obtained electronically during this same 30 day period." (PSSA, 5) (Entered: 04/14/2020)
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April 14, 2020
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April 14, 2020
PACER
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20
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NOTICE of Appearance by Jason C. Weida on behalf of Antone Moniz (Weida, Jason) (Entered: 04/15/2020)
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April 15, 2020
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April 15, 2020
PACER
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21
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MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by Antone Moniz.(Weida, Jason) (Entered: 04/15/2020)
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April 15, 2020
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April 15, 2020
PACER
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22
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MEMORANDUM in Support re 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Antone Moniz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Weida, Jason) (Entered: 04/15/2020)
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April 15, 2020
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April 15, 2020
PACER
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23
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NOTICE of Appearance by Matthew Segal on behalf of Wilmer Espinal Alvarado (Segal, Matthew) (Entered: 04/15/2020)
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April 15, 2020
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April 15, 2020
PACER
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24
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NOTICE of Appearance by Adriana Lafaille on behalf of Wilmer Espinal Alvarado (Lafaille, Adriana) (Entered: 04/15/2020)
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April 15, 2020
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April 15, 2020
PACER
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25
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NOTICE of Appearance by Laura K. McCready on behalf of Wilmer Espinal Alvarado (McCready, Laura) (Entered: 04/15/2020)
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April 15, 2020
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April 15, 2020
PACER
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26
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NOTICE of Voluntary Dismissal by Kiberu Quraish (Freidel, Irene) (Entered: 04/16/2020)
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April 16, 2020
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April 16, 2020
PACER
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27
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MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Alvarado Petition) by Antone Moniz.(Weida, Jason) (Entered: 04/16/2020)
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April 16, 2020
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April 16, 2020
RECAP
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28
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MEMORANDUM in Support re 27 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Alvarado Petition) filed by Antone Moniz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F (Under Seal), # 7 Exhibit G (Under Seal), # 8 Exhibit H (Under Seal), # 9 Exhibit I)(Weida, Jason) (Attachment 6 replaced on 4/17/2020) (McDonagh, Christina). (Attachment 7 replaced on 4/17/2020) (McDonagh, Christina). (Attachment 8 replaced on 4/17/2020) (McDonagh, Christina). (Entered: 04/16/2020)
1 Exhibit A
View on PACER
2 Exhibit B
View on PACER
3 Exhibit C
View on PACER
4 Exhibit D
View on PACER
5 Exhibit E
View on PACER
9 Exhibit I
View on PACER
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April 16, 2020
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April 16, 2020
RECAP
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29
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Assented to MOTION to Seal Document Ex. F, Ex. G, and Ex. H to Respondent's Memorandum in Support of His Motion to Deny Alvarado's Petition (Doc. # 28) by Antone Moniz.(Weida, Jason) (Entered: 04/16/2020)
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April 16, 2020
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April 16, 2020
PACER
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30
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Assented to MOTION for Leave to File Excess Pages by Antone Moniz.(Weida, Jason) (Entered: 04/16/2020)
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April 16, 2020
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April 16, 2020
PACER
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31
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Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 29 Motion to Seal Document (Folan, Karen) (Entered: 04/17/2020)
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April 17, 2020
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April 17, 2020
PACER
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Order on Motion for Leave to File Excess Pages
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April 17, 2020
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April 17, 2020
PACER
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Order on Motion to Seal Document
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April 17, 2020
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April 17, 2020
PACER
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32
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Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 30 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) (Entered: 04/17/2020)
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April 17, 2020
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April 17, 2020
PACER
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33
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Notice of Supplemental Authorities re 27 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Alvarado Petition) (Attachments: # 1 Exhibit A)(Weida, Jason) (Entered: 04/21/2020)
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April 21, 2020
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April 21, 2020
PACER
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34
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Mail Returned as Undeliverable. Mail sent to Ahmed Tareq, Ronnie Ssesanena, Ricardo Ramirez, Saltineanu Albano Ion, You Jia Xin, Rey Vinicio De Leon, Mynor Isauro Sacinto Rameriez, Henoud Rodriguez, Eduardo Oscar Garcia Ramirez, Alberto Veiez Chavez, Manuel B. Mizhirumbay, Rainer Mora, and Jose Rene Hernandez Gomes (McDonagh, Christina) (Entered: 04/24/2020)
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April 24, 2020
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April 24, 2020
PACER
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35
|
Opposition re 27 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Alvarado Petition), 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Wilmer Espinal Alvarado. (McFadden, Daniel) (Entered: 04/26/2020)
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April 26, 2020
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April 26, 2020
RECAP
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36
|
DECLARATION re 35 Opposition to Motion, of Dr. Robert Greifinger by Wilmer Espinal Alvarado. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McFadden, Daniel) (Entered: 04/26/2020)
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April 26, 2020
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April 26, 2020
PACER
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37
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DECLARATION re 35 Opposition to Motion, of Dr. Katherine Peeler by Wilmer Espinal Alvarado. (Attachments: # 1 Exhibit A)(McFadden, Daniel) (Entered: 04/26/2020)
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April 26, 2020
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April 26, 2020
PACER
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38
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DECLARATION re 35 Opposition to Motion, of Matthew Segal, Esq. by Wilmer Espinal Alvarado. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(McFadden, Daniel) (Entered: 04/26/2020)
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April 26, 2020
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April 26, 2020
PACER
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39
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DECLARATION re 35 Opposition to Motion, of Natalie Santiago by Wilmer Espinal Alvarado. (McFadden, Daniel) (Entered: 04/26/2020)
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April 26, 2020
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April 26, 2020
PACER
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40
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DECLARATION re 35 Opposition to Motion, of Susan Church, Esq. by Wilmer Espinal Alvarado. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McFadden, Daniel) (Entered: 04/26/2020)
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April 26, 2020
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April 26, 2020
PACER
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41
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Mail Returned as Undeliverable. Mail sent to Hennry Ramos (McDonagh, Christina) (Entered: 04/28/2020)
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April 28, 2020
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April 28, 2020
PACER
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42
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MEMORANDUM in Support re 1 Petition by Pedro Wabibi Augusto (McDonagh, Christina) (Entered: 04/28/2020)
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April 28, 2020
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April 28, 2020
PACER
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43
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MOTION for Leave to File Reply Memoranda by Antone Moniz.(Weida, Jason) (Entered: 04/28/2020)
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April 28, 2020
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April 28, 2020
PACER
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44
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Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On April 23, 2020, Judge Saris ordered Petitioner Espinal Alvarado released unless he received a bond hearing within 7 calendar days. No. 1:20-cv-10309-PBS, ECF No. 18. The parties are to advise the Court by end of day on April 30, 2020 as to whether Petitioner Espinal Alvarado received a bond hearing and whether he has been or is set to be released.(McDonagh, Christina) (Entered: 04/29/2020)
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April 29, 2020
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April 29, 2020
PACER
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Order
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April 29, 2020
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April 29, 2020
PACER
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Order on Motion to Seal
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April 29, 2020
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April 29, 2020
PACER
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45
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First Opposition re 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Abdy Nizeyimana. (Attachments: # 1 Exhibit Declaration of Christ Mavi Bafouana Mpandzou, # 2 Exhibit Maine State Court Docket, # 3 Exhibit, # 4 Exhibit)(Warner, Christopher) (Attachment 3 replaced on 4/29/2020) (McDonagh, Christina). (Attachment 4 replaced on 4/29/2020) (McDonagh, Christina). (Entered: 04/29/2020)
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April 29, 2020
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April 29, 2020
PACER
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46
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MOTION to Seal by Abdy Nizeyimana.(McDonagh, Christina) (Entered: 04/29/2020)
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April 29, 2020
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April 29, 2020
PACER
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47
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NOTICE of Appearance by Mary P. Holper on behalf of Evens Dry (Holper, Mary) (Entered: 04/29/2020)
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April 29, 2020
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April 29, 2020
PACER
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48
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Amended PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number 0101-8218979 Fee status: Filing Fee paid., filed by Evens Dry. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Holper, Mary) (Entered: 04/29/2020)
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April 29, 2020
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April 29, 2020
PACER
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49
|
Opposition re 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Evens Dry. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Holper, Mary) (Entered: 04/29/2020)
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April 29, 2020
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April 29, 2020
PACER
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50
|
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 46 Motion to Seal (Folan, Karen) (Entered: 04/29/2020)
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April 29, 2020
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April 29, 2020
PACER
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51
|
STATUS REPORT by Antone Moniz. (Weida, Jason) (Entered: 04/29/2020)
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April 29, 2020
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April 29, 2020
PACER
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52
|
First Opposition re 27 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Alvarado Petition), 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Felipe De Lima Moreira Barros. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Lagana, Stephen) (Entered: 04/29/2020)
1 Exhibit
View on PACER
2 Exhibit
View on PACER
3 Exhibit
View on PACER
4 Exhibit
View on PACER
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April 29, 2020
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April 29, 2020
RECAP
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53
|
First Opposition re 27 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Alvarado Petition), 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Rogerio Pereira daSilva. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Lagana, Stephen) (Entered: 04/29/2020)
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April 29, 2020
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April 29, 2020
PACER
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54
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First MEMORANDUM in Opposition re 27 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Alvarado Petition), 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Cleberson Quadrelli. (Attachments: # 1 Exhibit Notice to Alien of Interview for Review of Custody Status)(Rubin, Jeffrey) (Entered: 04/29/2020)
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April 29, 2020
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April 29, 2020
PACER
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55
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STATUS REPORT by Wilmer Espinel Alvarado. (McFadden, Daniel) (Entered: 04/29/2020)
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April 29, 2020
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April 29, 2020
RECAP
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56
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STIPULATION of Dismissal by Wilmer Espinel Alvarado. (McFadden, Daniel) (Entered: 04/29/2020)
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April 29, 2020
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April 29, 2020
RECAP
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57
|
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. In light of Respondent and Petitioner Espinal Alvarado's joint stipulation of dismissal, [ECF No. 56 ], Respondent's motion to dismiss as to Petitioner Espinal Alvarado, [ECF No. 27 ], is DENIED as moot. (McDonagh, Christina) (Entered: 04/30/2020)
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April 30, 2020
|
April 30, 2020
PACER
|
|
Order on Motion to Dismiss/Lack of Jurisdiction
|
April 30, 2020
|
April 30, 2020
PACER
|
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ELECTRONIC NOTICE of Duplicate Filing Fee and Credit for Refund, for $5.00 paid on 04/29/2020, receipt number 0101-8218962. (Tran, Henry)
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April 30, 2020
|
April 30, 2020
PACER
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58
|
First RESPONSE to Motion re 27 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Alvarado Petition), 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Felipe De Lima Moreira Barros, Jose Hernandez Mendez, Victor Silva Soares, Rogerio Pereira daSilva. (Attachments: # 1 Exhibit A) Declaration of Attorney Lagana, # 2 Exhibit B) Declaration of Jonathan Luis Golob, # 3 Exhibit C) Declaration of Dr. Greifinger, MD, # 4 Exhibit D) Declarattion of Dr. Greifinger, MD)(Lagana, Stephen) (Entered: 04/30/2020)
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April 30, 2020
|
April 30, 2020
PACER
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59
|
ELECTRONIC NOTICE of Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: www.public.mad.uscourts.gov/seating-signup. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Status Conference set for 5/1/2020 11:00 AM in Courtroom 17 before Judge Allison D. Burroughs only for Evens Dry, Rogerio Pereira DaSilva, Felipe De Lima Moreira Barros, Cleberson Quadrelli, Jose Hernandez Mendez, Abdy Nizeyimana and Victor Silva Soares who are the petitioners with ripe motions to dismiss.(Folan, Karen) Modified on 4/30/2020 to add Soares (Folan, Karen). (Entered: 04/30/2020)
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April 30, 2020
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April 30, 2020
PACER
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60
|
NOTICE of Appearance by Todd C. Pomerleau on behalf of Cleberson Quadrelli (Pomerleau, Todd) (Entered: 04/30/2020)
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April 30, 2020
|
April 30, 2020
PACER
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61
|
STATUS REPORT Updated by Antone Moniz. (Weida, Jason) (Additional attachment(s) added on 5/1/2020: # 1 Unredacted Status Report) (McDonagh, Christina). (Entered: 04/30/2020)
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April 30, 2020
|
April 30, 2020
PACER
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62
|
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Respondent's motion for leave to reply, [ECF No. 43 ], is GRANTED in part and DENIED in part. Respondent may file a reply in connection with his motion to dismiss the petition as to all Petitioners. See [ECF No. 21 ]. The motion is otherwise denied as moot in light of Petitioner Espinal Alvarado's release. See [ECF Nos. 27, 57 ]. (McDonagh, Christina) (Entered: 05/01/2020)
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May 1, 2020
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May 1, 2020
PACER
|
|
Order on Motion for Leave to File Document
|
May 1, 2020
|
May 1, 2020
PACER
|
63
|
Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 5/1/2020. Colloquy re: motions to dismiss. Further hearing set for 5/5/20 at 10:30 a.m. (Court Reporter: Joan Daly at joanmdaly62@gmail.com.)(Attorneys present: Weida, Warner, Rubin, Lagana, Pomerleau, Holper) (Folan, Karen) (Entered: 05/01/2020)
|
May 1, 2020
|
May 1, 2020
PACER
|
64
|
ELECTRONIC NOTICE of Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: www.public.mad.uscourts.gov/seating-signup. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Further Status Conference set for 5/5/2020 10:30 AM in Courtroom 17 before Judge Allison D. Burroughs only for Evens Dry, Rogerio Pereira DaSilva, Felipe De Lima Moreira Barros, Cleberson Quadrelli, Jose Hernandez Mendez, Abdy Nizeyimana and Victor Silva Soares who are the petitioners with ripe motions to dismiss.(Folan, Karen) (Entered: 05/01/2020)
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May 1, 2020
|
May 1, 2020
PACER
|
65
|
NOTICE of Appearance by Andrew C. Glass on behalf of Abdy Nizeyimana (Glass, Andrew) (Entered: 05/01/2020)
|
May 1, 2020
|
May 1, 2020
PACER
|
66
|
NOTICE of Appearance by William Shaw McDermott on behalf of Abdy Nizeyimana (McDermott, William) (Entered: 05/01/2020)
|
May 1, 2020
|
May 1, 2020
PACER
|
67
|
REPLY to Response to 21 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Antone Moniz. (Attachments: # 1 Exhibit A)(Weida, Jason) (Entered: 05/04/2020)
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May 4, 2020
|
May 4, 2020
PACER
|
68
|
NOTICE of Appearance by Jeffrey B. Rubin on behalf of Cleberson Quadrelli (Rubin, Jeffrey) (Entered: 05/04/2020)
|
May 4, 2020
|
May 4, 2020
PACER
|
69
|
STATUS REPORT by Antone Moniz. (Weida, Jason) (Entered: 05/05/2020)
|
May 5, 2020
|
May 5, 2020
PACER
|
|
Order
|
May 5, 2020
|
May 5, 2020
PACER
|
|
Order on Motion to Dismiss/Lack of Jurisdiction
|
May 5, 2020
|
May 5, 2020
PACER
|
70
|
NOTICE of Appearance by William Keefe on behalf of Cristian Fernando Maza Charco (Keefe, William) (Entered: 05/05/2020)
|
May 5, 2020
|
May 5, 2020
PACER
|
71
|
NOTICE of Appearance by William Keefe on behalf of Ramon Sanchez Vasquez (Keefe, William) (Entered: 05/05/2020)
|
May 5, 2020
|
May 5, 2020
PACER
|
72
|
NOTICE of Appearance by William Keefe on behalf of Pedro Cuba (Keefe, William) (Entered: 05/05/2020)
|
May 5, 2020
|
May 5, 2020
PACER
|
73
|
NOTICE of Appearance by William Keefe on behalf of Manuel Cela-Caguana (Keefe, William) (Entered: 05/05/2020)
|
May 5, 2020
|
May 5, 2020
PACER
|
74
|
NOTICE of Appearance by William Keefe on behalf of Sandeep Singh (Keefe, William) (Entered: 05/05/2020)
|
May 5, 2020
|
May 5, 2020
PACER
|
75
|
NOTICE of Appearance by Daniel L. McFadden on behalf of Evens Dry, Abdy Nizeyimana, Cleberson Quadrelli (McFadden, Daniel) (Entered: 05/05/2020)
|
May 5, 2020
|
May 5, 2020
PACER
|
76
|
NOTICE of Appearance by Laura K. McCready on behalf of Evens Dry, Abdy Nizeyimana, Cleberson Quadrelli (McCready, Laura) (Entered: 05/05/2020)
|
May 5, 2020
|
May 5, 2020
PACER
|
77
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Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The petition, [ECF No. 1 ], is moot as to the following petitioners who are dismissed from this action: Miguel Carpio, Rey De Leon Merida, Hazem Khalil El Beshtawi, Rodrigue Henoud, Jose Rene Hernandez Gomes, Mynor Jacinto-Ramirez, Manuel Lema Mizhirumbay, Rainer Mora-Polanco, Pablo Navarette, Henry Navas-Ramos, Teofilo Niz Chilel, Ricardo Ramirez, Oscar Ramirez Garcia, Albano Slatineanu, Ronnie Ssesanga, Guadalupe Velez Chavez, You Xiajin, Tareq Ahmed and Santo Amador-Guerrero(McDonagh, Christina) (Entered: 05/05/2020)
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May 5, 2020
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May 5, 2020
PACER
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78
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Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 5/5/2020. (Court Reporter: Joan Daly at joanmdaly62@gmail.com.)(Attorneys present: Weida, Lagana, Warner, Pomerleau, Rubin, McCreedy, McFadden, Keefe, Holper) (Folan, Karen) (Entered: 05/05/2020)
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May 5, 2020
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May 5, 2020
PACER
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79
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Judge Allison D. Burroughs: ELECTRONIC ORDER entered. For the reasons set forth below, Respondent's motion to dismiss, [ECF No. 21 ], is DENIED. The Court will first address Respondent's challenge to the Court's habeas jurisdiction. It is without question that habeas relief is available to Petitioners who seek release from their confinement. Gonzalez-Fuentes v. Molina, 607 F.3d 864, 873 (1st Cir. 2010) (stating that relief under ยง 2241 is available "[i]f the prisoner is seeking what can be fairly described as a quantum change in the level of custody" such as release or freedom subject to the constraints of bond or parole (quoting Graham v. Broglin, 922 F.2d 379, 381 (7th Cir. 1991))). Less clear is whether an individual may challenge the conditions of their confinementrather than the legality or duration of their confinementthrough a habeas petition. See Wilborn v. Mansukhani, 795 F. App'x 157, 163 (4th Cir. 2019) (discussing circuit split on the issue). Although many courts are reluctant to proceed on a conditions of confinement petition, the First Circuit has repeatedly stated in dicta that such petitions are not automatically barred from consideration. United States v. DeLeon, 444 F.3d 41, 59 (1st Cir. 2006) ("If the conditions of incarceration raise Eighth Amendment concerns, habeas corpus is available."); Brennan v. Cunningham, 813 F.2d 1, 4 (1st Cir. 1987) ("In Preiser, 411 U.S. at 499-500, the Court explicitly left open the possibility that a challenge to prison conditions, cognizable under ยง 1983, might also be brought as a habeas corpus claim."); Miller v. United States, 564 F.2d 103, 105 (1st Cir. 1977) ("Section 2241 provides a remedy for a federal prisoner who contests the conditions of his confinement...."). Although Respondent frames Petitioners' request as one that solely challenges the conditions of their confinement in light of the risks of COVID-19, [ECF No. 22 at 16-18], the Court notes that Petitioners have asked for several forms of relief, including release. See [ECF No. 1 ]; see also Verma v. Doll, No. 4:20-CV-00014, 2020 U.S. Dist. LEXIS 62429, at *9 (M.D. Pa. Apr. 9, 2020) ("[Petitioner] requests immediate release from custody based on what he perceives to be constitutionally deficient conditions of confinement that threaten his health and life. This is a habeas remedy."). Because Petitioners seek release as well as changes to the conditions of their confinement, the Court will exercise jurisdiction over their petition. Respondent next challenges the petition as failing to state a claim on which relief may be granted. [ECF No. 22 at 18]. In reviewing a motion to dismiss under Rule 12(b)(6), the Court must accept as true all well-pleaded facts, analyze those facts in the light most favorable to the plaintiff, and draw all reasonable factual inferences in favor of the plaintiff. See Gilbert v. City of Chicopee, 915 F.3d 74, 80 (1st Cir. 2019). In light of the current pandemic and their continued detention, Petitioners have alleged facts sufficient to "state a claim to relief that is plausible on its face." See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007); [ECF No. 1 ]. Although the parties have filed declarations in support of their respective positions on the motion to dismiss, additional discovery is necessary to determine whether the measures the Plymouth County Correctional Facility is taking are adequate to reasonably protect Petitioners based on the allegations raised in their petition. Lastly, the Court will not address Petitioners' standing, as Respondent has withdrawn this as a basis for dismissal. See [ECF No. 61 -1 at 2]. (McDonagh, Christina) (Entered: 05/05/2020)
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May 5, 2020
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May 5, 2020
PACER
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80
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NOTICE of Appearance by Molly R. Maidman on behalf of Abdy Nizeyimana (Maidman, Molly) (Entered: 05/05/2020)
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May 5, 2020
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May 5, 2020
PACER
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81
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Copy re 79 Order on Motion to Dismiss/Lack of Jurisdiction mailed to all Pro Se petitioners on 5/5/2020. (McDonagh, Christina) (Entered: 05/05/2020)
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May 5, 2020
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May 5, 2020
PACER
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82
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NOTICE of Appearance by Susan B. Church on behalf of Evens Dry, Abdy Nizeyimana, Cleberson Quadrelli (Church, Susan) (Entered: 05/05/2020)
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May 5, 2020
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May 5, 2020
PACER
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83
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MOTION to Amend Petition by Evens Dry, Abdy Nizeyimana, Cleberson Quadrelli. (Attachments: # 1 Exhibit A)(McFadden, Daniel) (Entered: 05/05/2020)
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May 5, 2020
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May 5, 2020
PACER
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84
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MOTION to Certify Class by Evens Dry, Abdy Nizeyimana, Cleberson Quadrelli.(McFadden, Daniel) (Entered: 05/05/2020)
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May 5, 2020
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May 5, 2020
PACER
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85
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MEMORANDUM in Support re 84 MOTION to Certify Class filed by Evens Dry, Abdy Nizeyimana, Cleberson Quadrelli. (Attachments: # 1 Exhibit A)(McFadden, Daniel) (Entered: 05/05/2020)
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May 5, 2020
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May 5, 2020
PACER
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86
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Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Respondent is hereby ordered to notify the Court when a petitioner in this matter is removed, transferred, or released from Plymouth. (McDonagh, Christina) (Entered: 05/06/2020)
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May 6, 2020
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May 6, 2020
PACER
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Order
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May 6, 2020
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May 6, 2020
PACER
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87
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NOTICE of Appearance by Stephen A. Lagana on behalf of Hector Pojoy-Calel (Lagana, Stephen) (Entered: 05/06/2020)
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May 6, 2020
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May 6, 2020
PACER
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88
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RESPONSE TO COURT ORDER by Antone Moniz re 86 Order . (Weida, Jason) (Entered: 05/07/2020)
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May 7, 2020
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May 7, 2020
RECAP
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89
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Copy re 86 Order mailed to all Pro Se petitioners on 5/8/2020. (McDonagh, Christina) (Entered: 05/08/2020)
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May 8, 2020
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May 8, 2020
PACER
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