Milan-Rodriguez v. Lynch

Filing 21

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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 JORGE ANTONIO MILAN-RODRIGUEZ, 9 Case No. 1:16-cv-01578-SAB-HC Petitioner, 10 ORDER TERMINATING AS MOOT MOTION TO DISMISS (ECF No. 13) v. 11 ORDER TO RESPOND TO FIRST AMENDED PETITION LORETTA E. LYNCH, 12 Respondent. 13 ORDER SETTING BRIEFING SCHEDULE 14 Petitioner, a federal immigration detainee proceeding pro se, has filed a First Amended 15 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 17 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 20 clear from the face of the FAP whether Petitioner is entitled to relief. 28 U.S.C. § 2243. Accordingly, pursuant to Rule 4 of the Rules Governing Section 2254 Cases,1 the Court 21 22 HEREBY ORDERS: 1. 23 TERMINATED as MOOT in light of the filing of the FAP. 24 2. 25 28 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 26 27 Respondent’s motion to dismiss the original petition (ECF No. 13) is 1 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.). 1 1 Cases; Cluchette v. Rushen, 770 F.2d 1469, 1473-74 (9th Cir. 1985) (court has 2 discretion to fix time for filing a response). A Response can be made by filing one 3 of the following: 4 A. 5 Respondent that Petitioner has procedurally defaulted a claim SHALL BE 6 MADE in the ANSWER, but must also address the merits of the claim 7 asserted. 8 B. 3. 9 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 10 FILE any and all transcripts or other documents necessary for the resolution of the 11 issues presented in the FAP. See Rule 5(c), Rules Governing Section 2254 Cases. 4. 12 If Respondent files an Answer to the FAP, Petitioner MAY FILE a Traverse 13 within THIRTY (30) days of the date Respondent’s Answer is filed with the 14 Court. If no Traverse is filed, the FAP and Answer are deemed submitted at the 15 expiration of the thirty days. 5. 16 If Respondent files a Motion to Dismiss, Petitioner SHALL FILE an Opposition 17 or Statement of Non-Opposition within TWENTY-ONE (21) days of the date 18 Respondent’s Motion is filed with the Court. Any Reply to an Opposition to the 19 Motion to Dismiss SHALL be filed within SEVEN (7) days after the opposition 20 is served. The Motion to Dismiss will be deemed submitted TWENTY-EIGHT 21 (28) days after the service of the Motion or when the Reply is filed, whichever 22 comes first. See Local Rule 230(l). 23 24 IT IS SO ORDERED. 25 Dated: February 22, 2017 UNITED STATES MAGISTRATE JUDGE 26 27 28 2

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