Western District of New York • 6:25-cv-06612

#1

Oct 22, 2025

PETITION for Writ of Habeas Corpus (Filing fee $ 5.), filed by Humberto Luna Delgado. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet)(Aisen, Aaron) (Entered: 10/22/2025)

Oct 22, 2025

E-Filing Notification: 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.), filed by Humberto Luna Delgado.(Aisen, Aaron). Petitioner's attorney has contacted the court regarding a system error during fee payment and will be submitting a check before the end of the week. Case will be assigned upon payment. (LEB)

Oct 24, 2025

Filing fee: $ 5.00, receipt number 100008270 (LEB)

Oct 27, 2025

Remark: Case originally assigned to incorrect Office in Buffalo and transferred to Rochester under case number 6:25-cv-6612. All future docketing shall be entered on the Rochester case. Notification to Chambers of on-line civil case opening. (LEB)

Oct 27, 2025

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (LEB)

#2

Oct 29, 2025

SCHEDULING ORDER that the Clerk of Court shall serve a copy of the Petition 1, together with a copy of this Order, electronically via a Notice of Electronic Filing to the United States Attorney's Office; within 14 days of the date of this Order, Respondents shall file and serve an answer responding to the allegations in the Petition, or a motion to dismiss the Petition; Petitioner shall have 7 days after service of the answer or motion to dismiss to file a written response. Signed by Hon. Meredith A. Vacca on 10/28/2025. (Attachments: # 1 Petition)(TF) (Entered: 10/29/2025)

#12

Nov 25, 2025

TEXT ORDER DIRECTING THE CLERK OF COURT TO CLOSE THIS CASE. On November 24, 2025, Petitioner filed a notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). ECF No. 11. Accordingly, the Clerk of Court is directed to close this action. See, e.g., Fredricks v. Desrochas, No. 21 CIV. 8389 (JGLC) (SLC), 2024 WL 5506181, at *1 (S.D.N.Y. Nov. 12, 2024), report and recommendation adopted, No. 21-CV-8389 (JGLC) (SLC), 2025 WL 1018870 (S.D.N.Y. Apr. 4, 2025), motion to reopen granted, No. 21 CIV. 8389 (JGLC) (SLC), 2025 WL 1635969 (S.D.N.Y. June 9, 2025) (collecting cases in support of the proposition that "[b]ecause Rule 41(a)(1)(A)(i) applies before the filing of an answer or motion for summary judgment, a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) does not preclude dismissal."). SO ORDERED. Signed by Hon. Meredith A. Vacca on 11/25/2025. (JCL)Clerk to Follow up (Entered: 11/25/2025)