Orzuna-Rojas v. Superintendent Byron et al
Federal Civil Lawsuit Massachusetts District Court, Case No. 3:05-cv-30034-MAP

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No Logo Pablo Orzuna-Rojas, Petitioner
v.
No Logo Immigration & Naturalization Service, Respondent
No Logo John Ashcroft, Respondent
No Logo Superintendent Byron, Respondent

Toggle Switch Represented by Commonwealth of Massachusetts

Name Phone Fax E-Mail
Space William P. O'Neill +1 413 784 1240 +1 413 784 1244 william.o'neill@ago.state.ma.us
Office Springfield
Filed 2/2/2005
Jury Demand None
Demand
Nature of Suit 530 - Prisoner: Habeas Corpus
Cause Section 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County Franklin
Terminated 11/15/2005
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
  Entries (22) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 12/5/2005, Entered: 12/5/2005 Mail Returned
Mail Returned as Undeliverable/Marked Refused by H.C.C. Mail sent to Pablo Orzuna-Rojas (Lindsay, Maurice)
    LREF
    Legal Document 16 Filed: 11/15/2005, Entered: 11/15/2005 Judgment*Court Filing
    Judge Michael A Ponsor : JUDGMENT entered for all the Respondents' pursuant to the Order of the Court entered this date allowing the Respondent, Superintendent Byron's motion for S/J; cc/cl. and Petitioner.(Finn, Mary)
      LREF
      Legal Document 15 Filed: 11/15/2005, Entered: 11/15/2005 Order on Motion for Summary JudgmentCourt Filing
      Judge Michael A Ponsor : ORDER entered. Pursuant to this Court's Order of 10/13/2005, Petitioner was required to file an opposition to the Respondent's motion for S/J by 11/14/2005. Based upon the Petitioner's failure to comply with the Court's Order, and to maintain contact with the Court, the motion for S/J by Respondent Superintendent Bryon - [11] - is ALLOWED. Clerk to enter judgment for all Respondents; cc/cl. (Finn, Mary)
        LREF
        Blank -- Filed: 10/26/2005, Entered: 10/26/2005 Mail Returned
        Mail Returned as Undeliverable. Mail sent to Pablo Orzuna-Rojas returned. Refused by H.C.C. (Hartford Correctional Center) (Finn, Mary)
          LREF
          Legal Document 14 Filed: 10/25/2005, Entered: 10/25/2005 Mail Returned
          Green certified card (Return receipt) received for mail sent to Pablo Orzuna-Rojas, Delivered on 10/17/2005 to Marion Orzuna re: [13] Memorandum and Order. (Finn, Mary)
            LREF
            Blank -- Filed: 10/14/2005, Entered: 10/14/2005 Remark
            Remark: The Memo & Order #13 along with Dft's motion for summary judgment and affidavit sent to the Pft's wife's address Attn: Juana Orzuna at 114 Greenwood Ave, Waterbury, CT 06704 by Certified mail with request for return receipt. (Lindsay, Maurice)
              LREF
              Legal Document 13 Filed: 10/13/2005, Entered: 10/13/2005 Memorandum and OrderCourt Filing
              Judge Michael A Ponsor : MEMORANDUM AND ORDER entered. In order to insure that the petitioner's rights are fully protected, the court order the clerk to forward a copy of the motion for summary judgment and affidavit, along with a copy of this order, to the address given by the petitioner for his wife; Before ruling on the motion for summary judgment, the court will wait 30 days, until 11/14/05, if no opposition is filed by that date, the court will allow the motion for summary judgment, the petitioner may file an amemded complaint by 11/14/05, In sum, unless the court receives opposition to Dft's pending motion for summary judgment, along with an amended complaint clarifying the basis for the claim against the INS and Atty. General by 11/14/05, the court will be dismissing this lawsuit. See the attached memo & order for complete details. cc/cl (Lindsay, Maurice)
                LREF
                Blank -- Filed: 9/27/2005, Entered: 9/27/2005 Mail Returned
                Mail Returned as Undeliverable. Mail sent to Pablo Orzuna-Rojas (Lindsay, Maurice)
                  LREF
                  Legal Document 12 Filed: 9/22/2005, Entered: 9/22/2005 Affidavit
                  AFFIDAVIT of Sheriff Fred Macdonald re [11] MOTION for Summary Judgment by Superintendent Byron. (Lindsay, Maurice)
                    LREF
                    Legal Document 11 Filed: 9/22/2005, Entered: 9/22/2005, Terminated: 11/15/2005 Motion for Summary Judgment
                    Dft's MOTION for Summary Judgment by Superintendent Byron.(Lindsay, Maurice)
                      LREF
                      Legal Document 10 Filed: 9/19/2005, Entered: 9/20/2005 OrderCourt Filing
                      Judge Michael A Ponsor : ORDER entered. Deft's counsel to file a responsive pleading by 10/10/2005 to the [3] Petition for writ of habeas corpus (28:2254); cc/cl. and Petitioner.(Finn, Mary)
                        LREF
                        Legal Document 9 Filed: 8/15/2005, Entered: 8/17/2005 Letter/request (non-motion)
                        Letter/request (non-motion) from Pablo Orzuna. (Jones, Sherry)
                          LREF
                          Legal Document 8 Filed: 7/18/2005, Entered: 7/18/2005 Notice of Change of Address or Firm Name
                          NOTICE of Change of Address by Pablo Orzuna-Rojas (Lindsay, Maurice)
                            LREF
                            Legal Document 7 Filed: 6/7/2005, Entered: 6/7/2005 Notice of Appearance/
                            NOTICE of Appearance by William P. O'Neill on behalf of Superintendent Byron (Stuckenbruck, John)
                              LREF
                              Legal Document 6 Filed: 5/20/2005, Entered: 5/20/2005 Notice of Change of Address or Firm Name
                              NOTICE of Change of Address by Pablo Orzuna-Rojas (Lindsay, Maurice)
                                LREF
                                Legal Document 5 Filed: 4/14/2005, Entered: 4/14/2005 USM Process Receipt and Return
                                US Marshal Process Receipt and Return for Counsel for U.S. Customs and Immigration Service. U.S. Customs Counsel. Served on 3/29/2005 and on Superintendent Byron, c/co Franklin county HOC on 4/11/2005. (Finn, Mary)
                                  LREF
                                  Legal Document 4 Filed: 3/18/2005, Entered: 3/18/2005 Notice of Change of Address or Firm Name
                                  NOTICE of Change of Address by Pablo Orzuna-Rojas (Lindsay, Maurice)
                                    LREF
                                    Blank -- Filed: 2/15/2005, Entered: 2/15/2005 Summons Issued
                                    Summons Issued as to Immigration And Naturalization Service, Superintendent Byron and forwarded to the Marshals for service. (Finn, Mary)
                                      LREF
                                      Legal Document 3 Filed: 2/2/2005, Entered: 2/2/2005 Petition for writ of habeas corpus (28:2254)
                                      PETITION for writ of habeas corpus pursuant to 28:2254 by Pablo Orzuna-Rojas filed. Filing fee of $5.00 waived (IFP).(Finn, Mary) Additional attachment(s) added on 10/13/2005 (Finn, Mary).
                                        LREF
                                        Legal Document 2 Filed: 2/2/2005, Entered: 2/2/2005 Order on Motion for Leave to Proceed in forma paupCourt Filing
                                        Judge Kenneth P. Neiman : ORDER entered granting the Petitioner's [1] Motion for Leave to Proceed in forma pauperis; cc/Petitioner. (Finn, Mary)
                                          LREF
                                          Legal Document 1 Filed: 2/2/2005, Entered: 2/2/2005, Terminated: 2/2/2005 MOTION for Leave to Proceed Informa Pauperis
                                          MOTION for Leave to Proceed in forma pauperis by Pablo Orzuna-Rojas filed.(Finn, Mary)
                                            LREF
                                            Blank -- Filed: 2/2/2005, Entered: 2/3/2005 Summons Issued
                                            Summons Issued as to Superintendent Byron, John Ashcroft and forwarded to the Petitioner with Marshals Forms to be filled out and returned for Marshals to make service. (Finn, Mary)
                                              LREF

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