District of Massachusetts • 1:25-cv-10197

#1

Jan 26, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-10806412 Fee status: Filing Fee paid., filed by Gedion Masunsu. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit A, # 4Exhibit B, # 5 Exhibit C)(Stylianos, Thomas) Modified text on 1/27/2025 (SEC). (Entered: 01/26/2025)

#2

Jan 27, 2025

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (NMC) (Entered: 01/27/2025)

#3

Jan 27, 2025

NOTICE of Case Assignment. Magistrate Judge M. Page Kelley assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are required to submit a form indicating whether the parties consent to proceed before a U.S. Magistrate Judge. The submission of the form is mandatory. Completed forms shall be filed promptly. The parties are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (SEC) (Entered: 01/27/2025)

Jan 27, 2025

Notice of Case Assignment to a Magistrate Judge

#4

Jan 28, 2025

Magistrate Judge M. Page Kelley: ORDER entered. SERVICE ORDER re 2241 Petition. 1. The Clerk of this Court shall serve a copy of the Petition upon Respondent and the United States Attorney for the District of Massachusetts.2. Respondent shall, no later than February 10, 2025, answer or respond to the Petition. 3. In order to give the Court time to consider the matter, unless otherwise ordered by the Court, Petitioner shall not be moved outside the District of Massachusetts and the District of New Hampshire without providing the Court 48 hours' advance notice of the move and the reason therefor. Any such 48-hour notice period shall commence at the date and time such notice is filed and expire 48 hours later, except "[i]f the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday." Fed. R. Civ. P. 6(a)(2)(C).4. Petitioner's counsel shall ensure that the Court is notified by February 10, 2025 whether the parties consent or refuse to consent to the final assignment of this action to a Magistrate Judge.(jm) (Entered: 01/28/2025)

#5

Jan 28, 2025

Remark. Service Order 4 and Petition 1 emailed to US Attorney's Office (D. Mass.). (jm) (Entered: 01/28/2025)

#6

Jan 28, 2025

Copy mailed Order 4 and copy of petition 1 on (1-28-25). Todd LyonsField Office Director, Immigrations and Customs Enforcement and Removal Operations Boston Field Office 1000 District Ave. Burlington, MA 01803(FC) (Entered: 01/28/2025)

#7

Jan 28, 2025

Copy mailed Order 4 and copy of petition 1 on (1-28-25). In an envelope for the US Attorney's Office in the internal mailboxfor pick up (FC) (Entered: 01/28/2025)

Jan 28, 2025

Copy Mailed

#8

Feb 03, 2025

NOTICE of Appearance by Mark Sauter on behalf of Todd Lyons (Sauter, Mark) (Entered: 02/03/2025)

#9

Feb 10, 2025

Response by Todd Lyons to 1 Petition for Writ of Habeas Corpus (2241), . (Attachments: # 1 Exhibit A)(Sauter, Mark) (Entered: 02/10/2025)

#10

Feb 25, 2025

Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. Petitioner has until 12 PM on March 4, 2025 to file a reply, if any, to 9 the government's opposition to 1 his petition for writ of habeas corpus. Likewise, the parties should file a form indicating unanimous consent, under 28 USC 636(c), to proceeding before a United States Magistrate Judge for all purposes, including entry of final judgment, or a lack thereof, by 12 PM on March 4, 2025. If no form is timely filed, the court will assume a lack of unanimous consent. Consent to proceeding before a United State Magistrate Judge is entirely voluntary, and no adverse substantive consequences will result from a refusal of unanimous consent. (Ferguson, Kerry) (Entered: 02/25/2025)

Feb 25, 2025

Order

#11

Mar 10, 2025

NOTICE of Voluntary Dismissal by Gedion Masunsu (Stylianos, Thomas) (Entered: 03/10/2025)

#12

Mar 10, 2025

Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. Plaintiff did not file a timely reply to the government's opposition to his petition for writ of habeas corpus, as ordered, 10 . However, he has now filed a notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), 11, which provides that a plaintiff may voluntarily dismiss a case without order of the court upon the filing of a notice before the opposing party serves "an answer or a motion for summary judgment." The Clerk's Office will close this case, without the need for any order of dismissal of this court, notwithstanding that the government opposed the petition for want of jurisdiction and merit. 9 . See Perez Arritola v. Garcia Muniz, #3:22-cv-01507 (MAJ), 2023 WL 2643483, at *2 (D. P.R. Mar. 27, 2023) (motion to dismiss is not considered an answer or a motion for summary judgment for purposes of Rule 41(a)(1)(A)(i)); see, e.g., Monsegue v. United States, #2:16-cv-146, 2018 WL 10601973, at *1 (S.D. Ga. Dec. 18, 2018) (noting prior application of Rule 41(a)(1)(A)(i) to petition for writ of habeas corpus under 28 U.S.C. 2241). (Ferguson, Kerry) (Entered: 03/10/2025)

Mar 10, 2025

Order