Tenesaca Pallchizaca v. Kolitwenzew et al
| Chad Kolitwenzew, Sylvie Renda, Tae Johnson and Alejandro Mayorkas |
| Carlos TENESACA PALLCHIZACA and Carlos W Tenesaca Pallchizaca |
| United States |
| 2:2022cv02021 |
| January 27, 2022 |
| U.S. District Court for the Central District of Illinois |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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| Document Text |
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| Filing 7 Return of Service Executed as to Kankakee Co State's Attorney Jim Rowe re Petition #1 and 1/31/2022 Text Order. (ME) |
| Filing 6 Return of Service Executed as to Chad Kolitwenzew re Petition #1 and 1/31/2022 Text Order. (ME) |
TEXT ORDER: The parties have filed a Joint Stipulation of Voluntary Dismissal #5 , which indicates the matter is moot due to Petitioner's release from detention on February 4, 2022. Accordingly, pursuant to Federal Rule of Civil Procedure 41, Petitioner's Petition #1 is dismissed without prejudice. This case is CLOSED. Entered by Judge Sue E. Myerscough on 02/08/2022. (SKN)
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| Filing 5 STIPULATION of Dismissal Joint by Tae Johnson, Chad Kolitwenzew, Alejandro Mayorkas, Sylvie Renda, Carlos W Tenesaca Pallchizaca, United States. (Chun, Lisa) |
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TEXT ORDER: The Court GRANTS #4 the United States' Motion to Substitute Attorney. AUSA W. Scott Simpson is replaced by AUSA Kimberly A. Klein as counsel of record for the United States. Entered by Judge Sue E. Myerscough on 02/02/2022. (SKN)
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| Filing 4 MOTION to Substitute Attorney, W. Scott Simpson to be replaced by Kimberly A. Klein, by Interested Party United States. Responses due by 2/14/2022 (Klein, Kimberly) |
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TEXT ORDER: Petitioner is in civil immigration detention and has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 (d/e #1 ). Chad Kolitwenzew, as warden of the Jerome Combs Detention Center where Petitioner is being held, is the only proper Respondent. See Kholyavskiy v. Achim, 443 F.3d 946, 950-53 (7th Cir. 2006). Accordingly, the Court DIRECTS the Clerk to TERMINATE Sylvie Renda, Tae D. Johnson, and Alejandro Mayorkas, as Respondents. However, as has been done in other Central District of Illinois cases where the petitioner is detained under the authority of ICE this Court DESIGNATES the United States as an Interested Party in this case. The U.S. Attorneys Office is hereby DESIGNATED to represent the United States in this case. The United States has already been delivered a copy of the Petition via ECF. The Clerk's office is DIRECTED to notify and deliver a copy of the Petition (d/e #1 ) and this Order to Respondent Chad Kolitwenzew and his statutorily-mandated attorney, the Kankakee County States Attorney, by certified mail pursuant to Federal Rule of Civil Procedure 5(b).The United States is ORDERED to respond to Petitioner's Petition on or before February 7, 2022. Respondent Kolitwenzew may file a response as well, but to the extent his position does not differ from that of the United States, it is not required. Petitioner may file a reply by February 11, 2022. Entered by Judge Sue E. Myerscough on 1/31/2022. (MAS)
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| Filing 3 Summons Issued as to Tae Johnson, Chad Kolitwenzew, Alejandro Mayorkas, Sylvie Renda. (Mailed to Petitioner's counsel for service.) (TC) |
| Filing 2 NOTICE of Appearance of Attorney by Lisa Chun on behalf of Carlos TENESACA PALLCHIZACA. (TC) |
| Case Assigned to Judge Sue E. Myerscough and Referred to Magistrate Judge Tom Schanzle-Haskins. (TC) |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $5 paid, Receipt #24626010415), filed by Carlos Tenesaca Pallchizaca. (Attachments: #1 Civil Cover Sheet)(Chun, Lisa) Modified on 1/28/22 to add receipt # (TC). |
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