This case was last updated from PACER on 11/23/2020 at 07:02:56 (UTC).

Monteiro v. Strafford County Department of Corrections, Superintendent

Case Summary

On 09/24/2020 Monteiro filed a Prisoner - Other Prisoner lawsuit against Strafford County Department of Corrections, Superintendent. This case was filed in U.S. District Courts, New Hampshire District. The Judge overseeing this case is Joseph N. Laplante. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:20-CV-00952

  • Filing Date:

    09/24/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Other Prisoner

  • Courthouse:

    New Hampshire District

Judge Details

Presiding Judge

Joseph N. Laplante

 

Party Details

Petitioner

Elsio Monteiro

Dover, NH 03820

Respondents

Strafford County Department of Corrections, Superintendent

Immigration and Customs Enforcement, Boston Field Office Director

Attorney/Law Firm Details

Respondent Attorneys

Thomas P. Velardi

Attorney at Strafford County Attorney's Office

259 County Farm Road, Po Box 799

Dover, NH 03821-0799

Terry L. Ollila

Attorney at US Attorney's Office (NH)

James C Cleveland Federal Bldg, 53 Pleasant St, 4Th Flr

Concord, NH 03301

 

Court Documents

#13

(#13) NOTICE of Removal by Immigration and Customs Enforcement, Boston Field Office Director.(Ollila, Terry) (Entered: 11/18/2020)

#12

(#12) NOTICE of Notice of Transfer During the Week of November 9, 2020, For Removal During the Week of November 16, 2020 by Immigration and Customs Enforcement, Boston Field Office Director.(Ollila, Terry) (Entered: 11/04/2020)

#11

(#11) Addendum/ to #10 MOTION to Dismiss - Certificate of Service by Immigration and Customs Enforcement, Boston Field Office Director. (Ollila, Terry) (Entered: 10/27/2020)

10 #2

Exhibit Declaration of ICE ERO Alexander Durden

10 #1

Memorandum of Law Memorandum of Law in Support of Motion to Dismiss

#10

(#10) MOTION to Dismiss filed by Immigration and Customs Enforcement, Boston Field Office Director.Follow up on Objection on 11/9/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law Memorandum of Law in Support of Motion to Dismiss, #2 Exhibit Declaration of ICE ERO Alexander Durden)(Ollila, Terry) (Entered: 10/26/2020)

#7

(#7) Respondent Strafford County's ANSWER to Petition for Writ of Habeas Corpus September 29, 2020 (Date Served 09.29.2020) (Per Local Rule 7.4 statement or motion to be filed within sixty days.) filed by Strafford County Department of Corrections, Superintendent. Attorney Thomas P. Velardi added to party Strafford County Department of Corrections, Superintendent(pty:res).Compliance Deadline set for 12/21/2020. (Velardi, Thomas) (Entered: 10/20/2020)

#9

(#9) US Marshal Service of Process re: #5 Order Directing Service served on 10/07/2020 on Superintendent Christopher Brackett.(jb) (Entered: 10/23/2020)

#8

(#8) Certified Mail Return Receipt as to Immigration and Customs Enforcement, Boston Field Office Director (jb) (Entered: 10/23/2020)

#6

ENDORSED ORDER granting #6 Motion to Extend Time to Answer to October 27, 2020 re #1 Petition for Writ of Habeas Corpus - 2241. Text of Order: Granted. So Ordered by Magistrate Judge Andrea K. Johnstone. Answer Follow Up on 10/27/2020. (jb) (Entered: 10/26/2020)

#5

(#9) US Marshal Service of Process re: #5 Order Directing Service served on 10/07/2020 on Superintendent Christopher Brackett.(jb) (Entered: 10/23/2020)

#4

(#4) NOTICE - Filing Fee Omitted. Either the filing fee or an application to proceed without fees or costs must be submitted within 60 days. If proceeding without prepayment of fees or costs is sought the court needs: Application to Proceed Without Prepayment of Fees or Costs,Certificate of Custodial Institution. Compliance Deadline set for 11/16/2020. (ed) (Entered: 09/15/2020)

#3

(#3) Request for Appointment of Counsel filed by Elsio Monteiro. (ed) (Entered: 09/15/2020)

#2

RESTRICTED

1 #1

Envelope

#1

ENDORSED ORDER granting #6 Motion to Extend Time to Answer to October 27, 2020 re #1 Petition for Writ of Habeas Corpus - 2241. Text of Order: Granted. So Ordered by Magistrate Judge Andrea K. Johnstone. Answer Follow Up on 10/27/2020. (jb) (Entered: 10/26/2020)

6 More Documents Available

 

Docket Entries

  • 11/20/2020
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  • DocketENDORSED ORDER reviewing #13 NOTICE of Removal by Immigration and Customs Enforcement, Boston Field Office Director. Text of Order: Reviewed. So Ordered by Magistrate Judge Andrea K. Johnstone.(jb) (Entered: 11/20/2020)

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  • 11/18/2020
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  • Docket(#13) NOTICE of Removal by Immigration and Customs Enforcement, Boston Field Office Director.(Ollila, Terry) (Entered: 11/18/2020)

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  • 11/10/2020
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  • DocketENDORSED ORDER re #12 Notice of Transfer During the Week of November 9, 2020. Text of Order: In light of the Notice of Transfer During the Week of November 9, 2020 (Doc. No. #12 ), the federal respondent is hereby ORDERED to file a report in which he updates the court regarding the status of efforts to remove petitioner on the earliest of: (a) the date on which respondent learns that petitioner's removal will not proceed as presently planned during the week of November 9, 2020; or (b) Monday, November 23, 2020. The court will hold in abeyance further consideration of the federal respondents motion to dismiss (Doc. No. #10 ) until such notice is filed. So Ordered by Magistrate Judge Andrea K. Johnstone.(jb) (Entered: 11/10/2020)

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  • 11/04/2020
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  • Docket(#12) NOTICE of Notice of Transfer During the Week of November 9, 2020, For Removal During the Week of November 16, 2020 by Immigration and Customs Enforcement, Boston Field Office Director.(Ollila, Terry) (Entered: 11/04/2020)

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  • 10/27/2020
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  • Docket(#11) Addendum/ to #10 MOTION to Dismiss - Certificate of Service by Immigration and Customs Enforcement, Boston Field Office Director. (Ollila, Terry) (Entered: 10/27/2020)

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  • 10/26/2020
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  • Docket(#10) MOTION to Dismiss filed by Immigration and Customs Enforcement, Boston Field Office Director.Follow up on Objection on 11/9/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law Memorandum of Law in Support of Motion to Dismiss, #2 Exhibit Declaration of ICE ERO Alexander Durden)(Ollila, Terry) (Entered: 10/26/2020)

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  • 10/26/2020
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  • DocketENDORSED ORDER granting #6 Motion to Extend Time to Answer to October 27, 2020 re #1 Petition for Writ of Habeas Corpus - 2241. Text of Order: Granted. So Ordered by Magistrate Judge Andrea K. Johnstone. Answer Follow Up on 10/27/2020. (jb) (Entered: 10/26/2020)

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  • 10/20/2020
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  • Docket(#7) Respondent Strafford County's ANSWER to Petition for Writ of Habeas Corpus September 29, 2020 (Date Served 09.29.2020) (Per Local Rule 7.4 statement or motion to be filed within sixty days.) filed by Strafford County Department of Corrections, Superintendent. Attorney Thomas P. Velardi added to party Strafford County Department of Corrections, Superintendent(pty:res).Compliance Deadline set for 12/21/2020. (Velardi, Thomas) (Entered: 10/20/2020)

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  • 10/19/2020
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  • Docket(#9) US Marshal Service of Process re: #5 Order Directing Service served on 10/07/2020 on Superintendent Christopher Brackett.(jb) (Entered: 10/23/2020)

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  • 10/19/2020
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  • Docket(#8) Certified Mail Return Receipt as to Immigration and Customs Enforcement, Boston Field Office Director (jb) (Entered: 10/23/2020)

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1 More Docket Entries
  • 10/06/2020
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  • DocketSERVICE BY CLERK: Copies mailed via certified mail, return receipt requested to Immigration and Customs Enforcement, Boston Field Office Director and Documents delivered to U.S. Attorneys office in hand. Copies to US Marshal for Service to be made on Strafford County Department of Corrections, Superintendent per #5 Order Directing Service.(cmp) (Entered: 10/06/2020)

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  • 09/29/2020
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  • Docket(#5) ORDER Directing US Marshal and Clerk's Office to Make Service. So Ordered by Magistrate Judge Andrea K. Johnstone.(cmp) (Entered: 10/06/2020)

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  • 09/29/2020
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  • DocketENDORSED ORDER denying as moot: #2 Motion to Proceed Without Prepayment of Fees or Costs.. Text of Order: The filing fee in this matter was paid on 9/24/2020. Accordingly, plaintiff's request to proceed without prepayment of fees or costs is denied as moot. So Ordered by Magistrate Judge Daniel J. Lynch. (ed) (Entered: 09/30/2020)

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  • 09/24/2020
  • DocketFiling Fee paid - case converted to a civil case: $ 5 (Credit Card), receipt number 14649019735 Case assigned to Judge Joseph N. Laplante. New case number is 1:20-cv-952-JL. Please show this number with the judge designation on all future pleadings. (ed) (Entered: 09/28/2020)

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  • 09/15/2020
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  • Docket(#4) NOTICE - Filing Fee Omitted. Either the filing fee or an application to proceed without fees or costs must be submitted within 60 days. If proceeding without prepayment of fees or costs is sought the court needs: Application to Proceed Without Prepayment of Fees or Costs,Certificate of Custodial Institution. Compliance Deadline set for 11/16/2020. (ed) (Entered: 09/15/2020)

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  • 09/15/2020
  • DocketNOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (ed) (Entered: 09/15/2020)

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  • 09/11/2020
  • DocketNOTICE of Filing - Case filed under 28 U.S.C. 2241. A copy of the petition has been electronically sent via ECF to your office. No further action is required by the United States Attorney unless directed by the presiding judge. (ed) (Entered: 09/15/2020)

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  • 09/11/2020
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  • Docket(#3) Request for Appointment of Counsel filed by Elsio Monteiro. (ed) (Entered: 09/15/2020)

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  • 09/11/2020
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  • Docket(#2) MOTION to Proceed Without Prepayment of Fees or Costs with Trust Accounting but without Certificate of Custodial filed by Elsio Monteiro. (ed) (Entered: 09/15/2020)

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  • 09/11/2020
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  • Docket(#1) Petition for Writ of Habeas Corpus under 28 USC 2241. Date petition received: September 11, 2020 filed by Elsio Monteiro. (Attachments: #1 Envelope) (ed) (Entered: 09/15/2020)

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