Haque v. Kane

Filing 6

ORDER that Petitioner's 4 Motion to Accept Late Payment of Fee is denied as moot. The Clerk of Court must forward a copy of this Order to Financial Administration of the United States District Court for the District of Arizona. Financial Admin istration must refund to Petitioner the second $5.00 payment against the filing fee in this case. The Clerk of Court must serve a copy of the Summons, Petition, and this Order upon the Respondent, United States Attorney and United States Attorne y General by certified mail pursuant to Rule 4(i)(1)(A), 4(i)(1)(B) and Rule 4(i)(2) of the Federal Rules of Civil Procedure. Respondent must answer the Petition within 20 days of the date of service. Petitioner may file a reply within 20 days from the date of service of the answer. This matter is referred to Magistrate Judge Jay R. Irwin pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report and recommendation. Signed by Judge G Murray Snow on 08/23/11. (ESL)

1

WO

JKM

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
Sheikh Samiul Haque,
9
Petitioner,
10
vs.
11
Katrina Kane,
12
Respondent.
13

)
)
)
)
)
)
)
)
)
)

No. CV 11-1052-PHX-GMS (JRI)
ORDER

14

Petitioner Sheikh Samiul Haque (A058-507-095), who is confined in the Eloy

15

Detention Center in Eloy, Arizona, has filed a pro se Petition for Writ of Habeas Corpus

16

pursuant to 28 U.S.C. § 2241. The Court will require Respondent to answer the Petition.

17

I.

Petition

18

Petitioner alleges that immigration officials are holding him in detention pending his

19

removal to Bangladesh. Petitioner argues that he is entitled to release from custody because

20

his detention with no prospect that his removal will be effected in the reasonably foreseeable

21

future is not authorized by law. See Zadvydas v. Davis, 533 U.S. 678 (2001) (when there is

22

no reasonable likelihood that a foreign government will accept an alien’s return in the

23

reasonably foreseeable future, the INS may not detain the alien for more than the

24

presumptively reasonable period of six months). The Court will require Respondent to

25

answer the Petition.

26

II.

Filing Fee

27
28
TERMPSREF

Although Petitioner paid the $5.00 filing fee when he filed this action, he
subsequently filed a Motion to Accept Late Payment of Fee (Doc. 4) and payed the $5.00 fee

1

a second time. The Court will deny the Motion as moot and direct the Clerk to refund the

2

second payment to Petitioner.

3

III.

Warnings

4

A.

5

Petitioner must file and serve a notice of a change of address in accordance with Rule

6

83.3(d) of the Local Rules of Civil Procedure. Petitioner must not include a motion for other

7

relief with a notice of change of address. Failure to comply may result in dismissal of this

8

action.

9

B.

Address Changes

Copies

10

Petitioner must serve Respondent, or counsel if an appearance has been entered, a

11

copy of every document that he files. Fed. R. Civ. P. 5(a). Each filing must include a

12

certificate stating that a copy of the filing was served. Fed. R. Civ. P. 5(d). Petitioner also

13

must submit an additional copy of every filing for use by the Court. LRCiv 5.4. Failure to

14

comply may result in the filing being stricken without further notice to Petitioner.

15

C.

Possible dismissal

16

If Petitioner fails to timely comply with every provision of this Order, including these

17

warnings, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet,

18

963 F.2d 1258, 1260-61 (9th Cir. 1992) (district court may dismiss action for failure to

19

comply with any order of the Court).

20

IT IS ORDERED:

21

(1)

Petitioner’s Motion to Accept Late Payment of Fee (Doc. 4) is denied as moot.

22

The Clerk of Court must forward a copy of this Order to Financial Administration of the

23

United States District Court for the District of Arizona. Financial Administration must

24

refund to Petitioner the second $5.00 payment against the filing fee in this case.

25

(2)

The Clerk of Court must serve a copy of the Summons, Petition, and this Order

26
27

civil process clerk at the office of the United States Attorney pursuant to Rule 4(i)(1)(A) of

28
TERMPSREF

upon the United States Attorney for the District of Arizona by certified mail addressed to the

the Federal Rules of Civil Procedure. The Clerk of Court also must send by certified mail
-2-

1

a copy of the Summons, Petition and this Order to the United States Attorney General

2

pursuant to Rule 4(i)(1)(B) and to Respondent pursuant to Rule 4(i)(2).

3

(3)

Respondent must answer the Petition within 20 days of the date of service.

4

Respondent must not file a dispositive motion in place of an answer without first showing

5

cause as to why an answer is inadequate. Petitioner may file a reply within 20 days from the

6

date of service of the answer.

7

(4)

This matter is referred to Magistrate Judge Jay R. Irwin pursuant to Rules 72.1

8

and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report and

9

recommendation.

10

DATED this 23rd day of August, 2011.

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
TERMPSREF

-3-