(HC) Staich v. US Parole Commissioner

Filing 7

ORDER DIRECTING Respondent to Respond to Petitioner's Request for Writ of Mandamus, signed by Magistrate Judge Helena M. Barch-Kuchta on 04/16/2021.(Martin-Gill, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

IVAN VON STAICH,

12
13
14
15

Petitioner,
v.
U.S. PAROLE COMMISSION,

Case No. 1:21-cv-00628-HBK
ORDER DIRECTING RESPONDENT TO
RESPOND TO PETITIONER’S REQUEST
FOR WRIT OF MANDAMUS
(Doc. No. 1)

Respondent.

16
17

Petitioner Ivan Von Staich initiated this action by filing a pro se petition for writ of

18

mandamus under 28 U.S.C. § 1651. (Doc. No. 1). Although petitioner’s claims are difficult to

19

discern, it appears that petitioner is currently being held in state custody due to a federal parole

20

violation. (See generally id.). Petitioner seeks the court to order the U.S. Parole Commission to

21

release him from custody because he has fully served his federal sentence. (Id.). Without opining

22

on the merits of petitioner’s claims, the court will order respondent to respond to the petition and

23

show cause why a writ of mandamus should not issue.

24

Accordingly, it ORDERED:

25

1. Within (40) forty days respondent must file a response to the petition.

26

2. Petitioner may file a reply to respondent’s response within thirty (30) days of the date

27

of service of the response. If no reply is filed within thirty days, the petition and

28

response are deemed submitted.

1

3. Respondent must complete and return to the court within thirty days a form stating

2

whether respondent consents or declines to consent to the jurisdiction of a United

3

States Magistrate Judge under 28 U.S.C. § 636(c)(1).

4

4. The Clerk of the Court is directed to serve a copy of this order and the petition for writ

5

of mandamus (Doc. No. 1) on the United States Attorney for the Easter District of

6

California.

7

5. Further, the Clerk of Court shall serve by certified mail a copy of this order and the

8

petition for writ of mandamus (Doc. No. 1) on Patricia Cushwa, Acting Chairperson of

9

the U.S. Parole Commission, 90 K St NE #300, Washington, DC 20002.

10
11

IT IS SO ORDERED.

12
Dated:
13
14

April 16, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2