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Case TitleAlferez v. Immigration and Customs Enforcement
DistrictDistrict of Arizona
CityTucson Division
Case Number4:2021cv00318
Date Filed2021-08-09
Date Closed2022-05-03
JudgeSenior Judge Raner C Collins
PlaintiffMarco Antonio Alferez
Case DescriptionMarco Alferez submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning himself. After hearing nothing further from the agency, Alferez filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantImmigration and Customs Enforcement named as (ICE) Immigration & Customs Enforcement at U.S. Agency
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-08-091COMPLAINT filed by Marco Antonio Alferez. (10 pages) (Attachments: # 1 Exhibit, # 2 Envelope)(JAM) (Entered: 08/09/2021)
2021-08-092NOTICE OF ASSIGNMENT (JAM) (Entered: 08/09/2021)
2021-08-113ORDERED: Within 30 days of the date this Order is filed, Plaintiff must either pay the $350.00 filing fee and $52.00 administrative fee or file a complete Application to Proceed In Forma Pauperis and a certified six-month trust account statement. If Plaintiff fails to comply, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff and deny any pending unrelated motions as moot. The Clerk of Court must mail Plaintiff a court-approved form for filing an Application to Proceed In Forma Pauperis (Non-Habeas). Signed by Senior Judge Raner C Collins on 8/11/2021. (MCO) (Entered: 08/11/2021)
2021-08-254Filing fee: $402.00, receipt number TUC033413. PAID IN FULL. (SCA) (Entered: 08/25/2021)
2021-09-095ORDER (Service Packet): Defendant Immigration and Customs Enforcement must answer the Complaint (Doc. 1 ).The Clerk of Court must send Plaintiff a service packet including the Complaint (Doc. 1 ), this Order, and summons forms for Defendant Immigration and Customs Enforcement and the United States. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. The Clerk of Court will not provide service of process if Plaintiff fails to comply with this Order. Upon receipt of the service packet, the Clerk of Court must send by certified mail a copy of the Summons, the Complaint, and this Order to (1) the civil process clerk at the office of the United States Attorney for the District of Arizona; (2) the Attorney General of the United States; and (3) Defendant Immigration and Customs Enforcement, pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure. Signed by Senior Judge Raner C Collins on 09/09/2021. (See attached Order for complete information.)(SCA) (Entered: 09/09/2021)
2021-10-077SERVICE EXECUTED: Certified Mail Receipt re: Complaint, Order, and Summons upon United States Attorney General on 10/4/2021. (DLC) (Entered: 10/08/2021)
2021-10-298NOTICE OF ATTORNEY APPEARANCE: Michael A. Ambri appearing for Immigration and Customs Enforcement. . (Ambri, Michael) (Entered: 10/29/2021)
2021-10-299First MOTION for Extension of Time to File Answer re: 1 Complaint Unopposed by Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order Proposed Order)(Ambri, Michael) (Entered: 10/29/2021)
2021-11-0110ORDER granting 9 Motion for Extension of Time to Answer re: 1 Complaint. Immigration and Customs Enforcement answer due 11/12/2021. Signed by Senior Judge Raner C Collins on 11/1/2021. (MCO) (Entered: 11/01/2021)
2021-11-1211Second MOTION for Extension of Time to File Answer by Immigration and Customs Enforcement. (Ambri, Michael) (Entered: 11/12/2021)
2021-11-1212Additional Attachments to Main Document re: 11 Second MOTION for Extension of Time to File Answer (Proposed Order) by Defendant Immigration and Customs Enforcement. (Ambri, Michael) (Entered: 11/12/2021)
2021-11-1213ORDER GRANTING Defendant's 11 Unopposed Motion to Extend Deadline for Response to Complaint. Defendant shall file its response on or before 11/26/21. Signed by Senior Judge Raner C Collins on 11/12/21. (BAC) (Entered: 11/12/2021)
2021-11-2614Consent MOTION for Abeyance by Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Ambri, Michael) (Entered: 11/26/2021)
2021-11-3015ORDER granting 14 Motion Consent MOTION for Abeyance. This action shall be held in abeyance until January 7, 2022. Absent a stipulation of dismissal, Plaintiff has until January 7, 2022 to either amend his complaint or file a notice with this Court indicating he wishes to proceed with the litigation. If no such filing is made, the Clerk of Court shall dismiss this case without prejudice. Signed by Senior Judge Raner C Collins on 11/29/2021. (See attached Order for complete information.) (SCA) (Entered: 11/30/2021)
2022-01-0616Consent MOTION to Continue Abeyance by Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Ambri, Michael) (Entered: 01/06/2022)
2022-01-0717ORDER granting 16 Consent MOTION to Continue Abeyance. This action shall be held in abeyance until 2/7/22. Absent a stipulation of dismissal, Plaintiff has until 2/7/22 to either amend his complaint or file a notice indicating he wishes to proceed with this litigation. If no such filing is made, the Clerk of Court shall dismiss the case without prejudice. Signed by Senior Judge Raner C Collins on 1/6/22. (JAM) (Entered: 01/07/2022)
2022-02-0818Third MOTION for Extension of Time Continue Abeyance by Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order Proposed Order)(Ambri, Michael) (Entered: 02/08/2022)
2022-02-0819ORDER that Defendant's Consent Motion to Continue in Abeyance is GRANTED. (Doc. 18 .) This action shall be held in abeyance until March 7, 2022. Absent a notice of settlement or stipulation for dismissal, Plaintiff shall file a motion for costs on or before March 7, 2022. Signed by Senior Judge Raner C Collins on 2/8/2022. (MCO) (Entered: 02/08/2022)
2022-03-0420MOTION for Costs by Marco Antonio Alferez. (1 page) (JAM) (Entered: 03/07/2022)
2022-03-1421MOTION for Costs by Marco Antonio Alferez. (1 page) (JAM) (Entered: 03/15/2022)
2022-03-1822RESPONSE to Motion re: 20 MOTION for Costs, 21 MOTION for Costs filed by Immigration and Customs Enforcement. (Ambri, Michael) (Entered: 03/18/2022)
2022-03-2923ORDERED that Plaintiff's Motion for Costs is DENIED. (Doc. 20 .) IT IS FURTHER ORDERED that Plaintiff's Motion for Costs is DENIED. (Doc. 21 .) Signed by Senior Judge Raner C Collins on 3/29/2022. (MCO) (Entered: 03/29/2022)
2022-05-0324STIPULATION of Dismissal with prejudice by Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Ambri, Michael) (Entered: 05/03/2022)
2022-05-0325ORDER granting 24 Stipulation of Dismissal: This action is dismissed with prejudice. The Clerk of Court shall docket accordingly. Signed by Senior Judge Raner C Collins on 5/3/2022. (MCO) (Entered: 05/03/2022)
2022-05-0326CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED, pursuant to the parties Joint Stipulation of Dismissal with Prejudice, that this case is dismissed with prejudice. (MCO) (Entered: 05/03/2022)
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