Ramos v. Herron et al

Filing 4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis; denying 3 Motion to Appoint Counsel; Within 45 days of the service of this order, respondent shall file and serve an answer and memo of law to the application with the Clerk of Court ; Petitioner shall have 25 days upon receipt of the answer to file a written response to the answer and memorandum of law; The Clerk of Court shall serve a copy of the petition, together with a copy of this order, by certified mail, upon (see order). Signed by Hon. Michael A. Telesca on 3/25/10. (TO)

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-PS-O- UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK MIGUEL RAMOS, A073369155, Petitioner, -vMARTIN D. HERRON, Respondent. 10-CV-6163L ORDER Petitioner Miguel Ramos, who is currently detained at Buffalo Federal Detention Center pursuant to a final order of removal, seeks relief pursuant to 28 U.S.C. 2241 as more fully set forth in the petition. Petitioner also seeks permission to proceed in forma pauperis and requests assignment of counsel. IT HEREBY IS ORDERED as follows: 1. granted. 2. Petitioner's request for assignment of counsel is denied Petitioner's request to proceed as a poor person is as premature. 3. Within 45 days of the service of this order, respondent shall file and serve an answer to the application with the Clerk of Court which shall respond to the allegations of the petition. Alternatively, in the appropriate case, respondent may file a motion to dismiss the petition, accompanied by pertinent exhibits which demonstrate that an answer to the petition is unnecessary, by no later than 45 days from service of this order. Respondent also shall file and serve by the above date a memorandum of law with the Clerk of Court addressing each of the issues raised in the petition and including citations of relevant supporting authority. Respondent is directed to accompany all citations to sections of the Immigration and Naturalization Act with reference to the appropriate sections of 8 U.S.C. Petitioner shall have 25 days upon receipt of the answer to file a written response to the answer and memorandum of law (or motion to dismiss). 4. The Clerk of Court shall serve a copy of the petition, together with a copy of this order, by certified mail, upon the following: Facilities Director, Buffalo Federal Detention Center, 4250 Federal Drive, Batavia, New York 14020; Buffalo Field Office Director, Detention & Removal Office, Immigration and Customs Enforcement Department of Homeland Security, 130 Delaware Avenue, Buffalo, NY 14202; Office of General Counsel, Department of Homeland Security, Washington, D.C. 20528; Acting Director, Bureau of Immigration and Custom Enforcement, 425 I Street, NW Washington, DC 20536; 2 Attorney General of the United States, Main Justice Building, 10th and Constitution Avenues N.W., Washington, DC 20530; United States Attorney for the Western District of New York, Civil Division, 138 Delaware Avenue, Buffalo, New York 14202; James W. Grable, District Counsel for the Department of Homeland Security, 130 Delaware Avenue, Room 203, Buffalo, New York 14202. THE PETITIONER MUST FORWARD A COPY OF ALL FUTURE PAPERS AND CORRESPONDENCE TO THE ATTORNEY APPEARING FOR THE RESPONDENT. SO ORDERED. ______ S/ MICHAEL A. TELESCA MICHAEL A. TELESCA United States District Judge Dated: March 25, 2010 Rochester, New York 3

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