Milan-Rodriguez v. Lynch
Filing
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ORDER TERMINATING AS MOOT 13 Respondent's Motion to Dismiss; ORDER TO RESPOND to First Amended Petition Within Sixty (60) Days; and ORDER Setting Briefing Schedule signed by Magistrate Judge Stanley A. Boone on 2/22/2017. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JORGE ANTONIO MILAN-RODRIGUEZ,
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Case No. 1:16-cv-01578-SAB-HC
Petitioner,
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ORDER TERMINATING AS MOOT
MOTION TO DISMISS (ECF No. 13)
v.
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ORDER TO RESPOND TO FIRST
AMENDED PETITION
LORETTA E. LYNCH,
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Respondent.
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ORDER SETTING BRIEFING SCHEDULE
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Petitioner, a federal immigration detainee proceeding pro se, has filed a First Amended
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16 Petition for Writ of Habeas Corpus (“FAP”) pursuant to 28 U.S.C. § 2241.
The Court has conducted a preliminary review of the FAP, wherein Petitioner challenges
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18 his prolonged detention, the constitutional adequacy of his bond hearing, and his transfer to the
19 Pine Prairie Correctional Center in Louisiana, where Petitioner is currently detained. It is not
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Accordingly, pursuant to Rule 4 of the Rules Governing Section 2254 Cases,1 the Court
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22 HEREBY ORDERS:
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TERMINATED as MOOT in light of the filing of the FAP.
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2.
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Within SIXTY (60) days of the date of service of this order, Respondent SHALL
FILE a RESPONSE to the FAP. See Rule 4, Rules Governing Section 2254
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Respondent’s motion to dismiss the original petition (ECF No. 13) is
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The Rules Governing Section 2254 Cases apply to § 2241 habeas petitions. See Rule 1(b) of the Rules Governing
Section 2254 Cases (“The district court may apply any or all of these rules to a habeas corpus petition not covered
by” 28 U.S.C. § 2254.).
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Cases; Cluchette v. Rushen, 770 F.2d 1469, 1473-74 (9th Cir. 1985) (court has
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discretion to fix time for filing a response). A Response can be made by filing one
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of the following:
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A.
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Respondent that Petitioner has procedurally defaulted a claim SHALL BE
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MADE in the ANSWER, but must also address the merits of the claim
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asserted.
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B.
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AN ANSWER addressing the merits of the FAP. Any argument by
A MOTION TO DISMISS the FAP.
Within SIXTY (60) days of the date of service of this order, Respondent SHALL
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FILE any and all transcripts or other documents necessary for the resolution of the
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issues presented in the FAP. See Rule 5(c), Rules Governing Section 2254 Cases.
4.
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If Respondent files an Answer to the FAP, Petitioner MAY FILE a Traverse
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within THIRTY (30) days of the date Respondent’s Answer is filed with the
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Court. If no Traverse is filed, the FAP and Answer are deemed submitted at the
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expiration of the thirty days.
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If Respondent files a Motion to Dismiss, Petitioner SHALL FILE an Opposition
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or Statement of Non-Opposition within TWENTY-ONE (21) days of the date
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Respondent’s Motion is filed with the Court. Any Reply to an Opposition to the
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Motion to Dismiss SHALL be filed within SEVEN (7) days after the opposition
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is served. The Motion to Dismiss will be deemed submitted TWENTY-EIGHT
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(28) days after the service of the Motion or when the Reply is filed, whichever
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comes first. See Local Rule 230(l).
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IT IS SO ORDERED.
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February 22, 2017
UNITED STATES MAGISTRATE JUDGE
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