Middle District of Pennsylvania • 3:25-cv-01148

Arias v. Moniz

Active

Case Information

Filed: June 24, 2025
Assigned to: Leo A. Latella
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: July 24, 2025
Parties: View All Parties →

Docket Entries

#1
Jun 03, 2025
PETITION for Writ of Habeas Corpus (2241), filed by Jorge A Arias.(JKK) [Transferred from Massachusetts on 6/24/2025.] (Entered: 06/03/2025)
Main Document: PETITION
#2
Jun 03, 2025
NOTICE of Appearance by Raylene Wentz Sandoval on behalf of Jorge A Arias (JKK) [Transferred from Massachusetts on 6/24/2025.] (Entered: 06/03/2025)
Main Document: NOTICE
#3
Jun 03, 2025
NOTICE of Case Assignment. Magistrate Judge Donald L. Cabell 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. (CEH) [Transferred from Massachusetts on 6/24/2025.] (Entered: 06/03/2025)
#4
Jun 03, 2025
Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered. The Clerk shall reassign this action to a District Judge.(NR) [Transferred from Massachusetts on 6/24/2025.] (Entered: 06/03/2025)
#5
Jun 04, 2025
ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Civil Cover Sheet and Local Category Form. The form can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents- Civil Cover Sheet & Category Sheet. (JAM) [Transferred from Massachusetts on 6/24/2025.] (Entered: 06/04/2025)
#6
Jun 04, 2025
ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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 Donald L. Cabell. (JAM) [Transferred from Massachusetts on 6/24/2025.] (Entered: 06/04/2025)
#8
Jun 04, 2025
Copy re 1 Petition for Writ of Habeas Corpus (2241), 7 Service Order - 2241 Petition, mailed to Each Respondent and left in USAO Mailbox on 6/4/2025. (CAM) [Transferred from Massachusetts on 6/24/2025.] (Entered: 06/04/2025)
#9
Jun 04, 2025
Filing fee/payment: $ 5.00, receipt number 100011888 for 1 Petition for Writ of Habeas Corpus (2241) (NVB) [Transferred from Massachusetts on 6/24/2025.] (Entered: 06/04/2025)
#10
Jun 10, 2025
NOTICE of Appearance by Michael P. Sady on behalf of Patricia Hyde (Sady, Michael) [Transferred from Massachusetts on 6/24/2025.] (Entered: 06/10/2025)
Main Document: NOTICE
#11
Jun 13, 2025
STATUS REPORT by Patricia Hyde, Joseph D McDonald, Antone Moniz. (Sady, Michael) [Transferred from Massachusetts on 6/24/2025.] (Entered: 06/13/2025)
Main Document: STATUS
#12
Jun 16, 2025
RESPONSE/ANSWER to Petition for Writ of Habeas Corpus by Patricia Hyde, Joseph D McDonald, Antone Moniz. (Attachments: # 1 Exhibit A)(Sady, Michael) [Transferred from Massachusetts on 6/24/2025.] (Entered: 06/16/2025)
Main Document: RESPONSE/ANSWER
#13
Jun 16, 2025
MOTION for Clarification by Patricia Hyde.(Sady, Michael) Modified on 6/16/2025 to delete document. Entered in this case in error. (KF). [Transferred from Massachusetts on 6/24/2025.] (Entered: 06/16/2025)
#14
Jun 24, 2025
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Because Petitioner was not in the District of Massachusetts when he filed his petition and, rather, was in the Middle District of Pennsylvania, [ECF No. 12 at 8; ECF No. 12-1 ¶ 8], this Court lacks jurisdiction over Petitioner’s habeas petition, [ECF No. 1 ]. Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004) (“The plain language of the habeas statute thus confirms the general rule that for core habeas petitions challenging present physical confinement, jurisdiction lies in only one district: the district of confinement.”). “When a district court lacks jurisdiction, it may, in the interest of justice, order the case to be transferred to another court that would have jurisdiction.” Tham v. Adducci, 319 F. Supp. 3d 574, 577 (D. Mass. 2018); see also 28 U.S.C. § 1631 (allowing transfer for lack of jurisdiction). As such, in the interest of justice, the Court TRANSFERS this action to the United States District Court for the Middle District of Pennsylvania. (CAM) [Transferred from Massachusetts on 6/24/2025.] (Entered: 06/24/2025)
#15
Jun 24, 2025
Judge Allison D. Burroughs: ORDER entered. Order Transferring Case to the United States District Court for the Middle District of Pennsylvania. (CAM) [Transferred from Massachusetts on 6/24/2025.] (Entered: 06/24/2025)
Main Document: Judge
#16
Jun 24, 2025
Case transferred electronically in from District of Massachusetts; Case Number 1:25-cv-11605 containing electronic documents. (Entered: 06/24/2025)
Main Document: Case
#17
Jul 24, 2025
ORDER TO SHOW CAUSE - Clerk of Court directed to terminate the named Respondents in this action and replace with Petitioner's current custodian, Warden of Moshannon Valley Processing Center. Clerk of Court is directed to serve a copy of the Petition 1 and this Order on Respondent and the United States Attorney. Respondent shall file an answer within 21 days of the date of this Order. Petitioner shall be permitted to file a reply to the answer within 14 days of the date on which the answer is filed. See Order. Show Cause Response due by 8/14/2025. Signed by U.S. Magistrate Judge Leo A. Latella on 7/24/25. (dw) (Entered: 07/24/2025)
Main Document: ORDER
#18
Jul 24, 2025
SHOW CAUSE ORDER and Doc. #1 Served on US Atty by hand delivery and Warden by US Mail (ao) (Entered: 07/24/2025)
Main Document: SHOW