District of Massachusetts • 1:25-cv-10279

#1

Feb 05, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-10824634 Fee status: Filing Fee paid., filed by Lucas Dos Santos Amaral. (Attachments: # 1 Civil Cover Sheet Signed and Dated, # 2 Category Form CategoryForm11)(Caron, Timothy) (Entered: 02/05/2025)

#2

Feb 05, 2025

ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper 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 Jessica D. Hedges. (JAM) (Entered: 02/05/2025)

#3

Feb 05, 2025

Judge Denise J. Casper: ORDER entered. STANDING ORDER on 2241 petitions regarding detention and removal of the Petitioner from the District of Massachusetts. (MAC) (Entered: 02/05/2025)

#4

Feb 05, 2025

Judge Denise J. Casper: ORDER entered. 1.Antone Moniz, Superintendent of Plymouth County Correctional Facility, shall be the sole respondent. See Rumsfeld v. Padilla, 542 U.S. 426, 439 (2004) (immediate custodian of petitioner is proper respondent in habeas action); Vasquez v. Reno, 233 F.3d 688, 696 (1st Cir. 2000) (same, as applied to immigration detainee). The other respondents are dismissed from this action without prejudice.2.The Clerk of this Court shall serve a copy of the Petition upon Respondent and the United States Attorney for the District of Massachusetts.3.Respondent shall, no later than end of business Monday, February 10, 2025, answer or respond to the Petition.4.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 without providing the Court 48 hours' advance notice of the move and the reason therefor. Any such 48hour 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).(bm) (Entered: 02/05/2025)

Feb 05, 2025

Notice of Case Assignment

#5

Feb 07, 2025

NOTICE of Appearance by Mark Sauter on behalf of Antone Moniz (Sauter, Mark) (Entered: 02/07/2025)

#6

Feb 07, 2025

Amended PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-10830440 Fee status: Filing Fee paid., filed by Lucas Dos Santos Amaral. (Attachments: # 1 Civil Cover Sheet for Amended Writ, # 2 Category Form for Amended Writ)(Caron, Timothy) (Entered: 02/07/2025)

#7

Feb 10, 2025

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

#8

Feb 11, 2025

Copy mailed AUSACopies of service order #4, standing order #3 and petition (#1) U.S. Atty mailbox in the clerk's office: United States Attorney. on (2-11-25). (FC) (Entered: 02/11/2025)

#9

Feb 11, 2025

Copy mailed ; Copies of service order #4, standing order (#3) and petition (#1) Respondent: Antone Moniz, Superintendent Plymouth County Correctional Facility, 26 Long Pond Road,, Plymouth, MA 02360 on (2-11-25). (FC) (Entered: 02/11/2025)

#10

Feb 11, 2025

First MOTION to Expedite Record Production/Discovery by Lucas Dos Santos Amaral.(Caron, Timothy) (Entered: 02/11/2025)

#11

Feb 11, 2025

First MEMORANDUM in Support re 10 First MOTION to Expedite Record Production/Discovery filed by Lucas Dos Santos Amaral. (Caron, Timothy) (Entered: 02/11/2025)

Feb 11, 2025

Copy Mailed

#12

Feb 12, 2025

Opposition re 10 First MOTION to Expedite Record Production/Discovery filed by Antone Moniz. (Sauter, Mark) (Entered: 02/12/2025)

#13

Feb 13, 2025

NOTICE of Appearance by Eloa J. Celedon on behalf of Lucas Dos Santos Amaral (Celedon, Eloa) (Entered: 02/13/2025)

#14

Feb 28, 2025

First REPLY to Response to 10 First MOTION to Expedite Record Production/Discovery filed by Lucas Dos Santos Amaral. (Caron, Timothy) (Entered: 02/28/2025)

#15

Feb 28, 2025

DECLARATION re 14 Reply to Response to Motion by Lucas Dos Santos Amaral. (Caron, Timothy) Modified text on 3/3/2025 (SEC). (Entered: 02/28/2025)

#16

Feb 28, 2025

APPENDIX/EXHIBIT re 14 Reply to Response to Motion by Lucas Dos Santos Amaral. (Caron, Timothy) (Entered: 02/28/2025)

#17

Feb 28, 2025

APPENDIX/EXHIBIT re 14 Reply to Response to Motion by Lucas Dos Santos Amaral. (Caron, Timothy) (Entered: 02/28/2025)

#18

Feb 28, 2025

APPENDIX/EXHIBIT re 14 Reply to Response to Motion by Lucas Dos Santos Amaral. (Caron, Timothy) (Entered: 02/28/2025)

#19

Feb 28, 2025

DECLARATION re 14 Reply to Response to Motion by Lucas Dos Santos Amaral. (Caron, Timothy) Modified text on 3/3/2025 (SEC). (Entered: 02/28/2025)

#20

Mar 19, 2025

RESPONSE/ANSWER to 6 Petition for Writ of Habeas Corpus (2241), and Opposition to Petitioner's Request for EAJA Fees and Costs by Antone Moniz. (Sauter, Mark) (Entered: 03/19/2025)

#21

Mar 28, 2025

REPLY to Response to 10 First MOTION to Expedite Record Production/Discovery and Response to Respondent's Opposition to Request for EAJA Fees and Costs filed by Lucas Dos Santos Amaral. (Caron, Timothy) (Entered: 03/28/2025)

#22

Mar 28, 2025

EXHIBIT re 21 Reply to Response to Motion by Lucas Dos Santos Amaral. (Caron, Timothy) (Entered: 03/28/2025)

#23

Mar 28, 2025

EXHIBIT re 21 Reply to Response to Motion by Lucas Dos Santos Amaral. (Caron, Timothy) (Entered: 03/28/2025)

#24

Mar 28, 2025

EXHIBIT re 21 Reply to Response to Motion by Lucas Dos Santos Amaral. (Caron, Timothy) (Entered: 03/28/2025)

#25

Apr 24, 2025

Second MOTION for Discovery by Lucas Dos Santos Amaral.(Caron, Timothy) (Entered: 04/24/2025)

#26

May 30, 2025

Judge Denise J. Casper: ELECTRONIC ORDER entered re 6 Petition for Writ of Habeas Corpus (2241), filed by Lucas Dos Santos Amaral. The Court has considered the amended Petition for habeas relief under 28 U.S.C. § 2241 (the “Petition”) of Petitioner Lucas Dos Santos Amaral and the Respondents’ response to same, D. 20, and Petitioner’s reply, D. 21. Given that Petitioner is no longer in custody, the Court DISMISSES the Petition. See, e.g., Njuguna v. Smith, Civ. No. 16-cv-12075-ADB, 2016 WL 6986208, at *1 (D. Mass. Nov. 28, 2016) (dismissing a § 2241 petition and noting that “a case may be rendered motion (and, therefore, subject to dismissal) if changed circumstances eliminate any possibility of effectual relief” (quoting Maine Sch. Admin. Dist. No. 35 v. Mr. R., 321 F.3d 9, 17 (1st Cir. 2003)); Omondiagbe v. McDonald, Civ. No. 13-cv-11182-MBB, 2014 WL 1413560, at *1 (D. Mass. Apr. 10. 2014) (same). To the extent that Petitioner seeks fees and costs under the EAJA, D. 14 at 16, such an award may only be awarded to the “prevailing party.” 28 U.S.C. § 2412(d)(1)(A). Here, the Petitioner, who has now received release after a bond hearing in immigration court, D. 15 ¶¶ 32-33, is not the prevailing party for the purposes of the Petition. See D. 20 at 5-7 and cases cited; Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep’t of Health and Human Resources, 532 U.S. 598, 606 (2001) (declining to conclude that a party that obtained the “sought-after” relief but “without obtaining any judicial relief” constitutes a “prevailing party”).(LMH) (Entered: 05/30/2025)

#27

May 30, 2025

Judge Denise J. Casper: ELECTRONIC ORDER entered re: 10 Motion to Expedite Discovery and 25 Motion for Discovery. Given the Court's dismissal of the Petition, D. 6, the Court DENIES the motions for discovery as moot. (LMH) (Entered: 05/30/2025)

#28

May 30, 2025

Judge Denise J. Casper: ORDER entered. ORDER DISMISSING CASE(LMH) (Entered: 05/30/2025)

May 30, 2025

Order on Motion for Discovery AND Order on Motion to Expedite

May 30, 2025

Order