Opinion
Civil Action 06-1203 (JLL).
May 24, 2006
ORDER
This matter having come before the Court on receipt of (1) "Amendment in Support of Habeas Corpus [Petition Seeking] Injunction of Removal" (hereinafter "Amendment") of petitioner SHADRACK POYON NEYOR (hereinafter "Petitioner") seeking injunctive relief preventing the Department of Homeland Security from removing Petitioner to Liberia, and (2) another amendment to Petitioner's Petition naming the Warden of Middlesex County Corrections Center, the Petitioner's current place of confinement, as an additional Respondent in this action; and for the reasons set forth in the Opinion filed herewith,
IT IS on this 23 day of May, 2006,
ORDERED that Petitioner's Amendment is hereby construed as an application separate and unrelated to Petitioner's Petition and constituting an appeal of Petitioner's order of removal to the Court of Appeals for the Third Circuit; and it is further
ORDERED that the Clerk of the Court should transfer the Amendment and, in addition, copies of all other documents filed in this matter, to the Court of Appeals for the Third Circuit pursuant to 28 U.S.C. § 1631 and Section 106 (b) (5) of the REAL ID Act; and it is further
ORDERED that the Clerk of the Court should amend this action to include the Warden of Middlesex County Corrections Center as a Respondent and serve upon Warden of Middlesex County Corrections Center this Order, and all other documents docketed in this matter upon Respondents by certified mail, return receipt requested, with all costs of service advanced by the United States; and it is further
ORDERED that Warden of Middlesex County Corrections Center shall file a full and complete Answer which responds to the allegations of Petitioner's claims within 45 days of the entry of this Order; and it is further ORDERED that the Answer of Warden of Middlesex County Corrections Center shall respond to the factual and legal allegations of the Application by each paragraph and subparagraph; and it is further
If the Warden of Middlesex County Corrections Center is to be represented by the counsel representing any other Respondent in this action, such counsel is directed to amend the counsel's appearances accordingly and adhere to the time frame set forth in this Court Order dated April 12, 2006. If, however, the Warden of Middlesex County Corrections Center is to be represented by the counsel other than that representing any other Respondent in this action, counsel for all other Respondents shall submit their respective answers in accordance with the time frame set forth in the instant Order rather than in that dated April 12, 2006.
ORDERED that Warden of Middlesex County Corrections Center shall raise by way of Answer any appropriate defenses which he wishes to have the Court consider, including, with respect to asserted defenses, relevant legal arguments with citations to appropriate legal authorities; and it is further
ORDERED that the Answer shall be accompanied by certified copies of all documents, transcripts and/or recordings of any proceedings, including all documentation that may be material to the questions raised in the Application; and it is finally
ORDERED that the Warden of Middlesex County Corrections Center shall file the original and three copies of the Answer and one set of the accompanying record of proceedings with the Clerk's Office at 402 East State Street, Room 2020, Trenton, New Jersey 08608; and it is further
ORDERED that the Clerk of the Court should serve a copy of this Order on all Respondents in this action other than Warden of Middlesex County Corrections Center and on Petitioner; and it is finally
ORDERED that, if Petitioner's removal is executed, Respondents shall notify this Court of such removal within ten days of the date of Petitioner's removal.