(HC)Gramajo Lopez v. Garland et al

Filing 14

ORDER to Respond; ORDER Setting Briefing Schedule; ORDER to Electronically File Transcripts and Other Necessary Documents, signed by Magistrate Judge Stanley A. Boone on 05/6/2022. (Case Management Deadline: 60-Day Deadline, Responses due by 14-Day Deadline)(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HECTOR GRAMAJO LOPEZ,

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Case No. 1:22-cv-00531-SAB-HC

Petitioner,

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ORDER TO RESPOND

v.

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ORDER SETTING BRIEFING SCHEDULE

MERRICK GARLAND, et al.,

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ORDER TO ELECTRONICALLY FILE
TRANSCRIPTS AND OTHER NECESSARY
DOCUMENTS

Respondents.

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Petitioner, represented by counsel, is an immigration detainee proceeding with a petition

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17 for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner moves for a temporary
18 restraining order and seeks habeas relief on the ground that he has been detained since
19 September 2021 without being afforded a bond hearing, in violation of the Fifth and Eighth
20 Amendment. (ECF Nos. 1, 2).
The Court has conducted a preliminary review of the Petition. It is not clear from the face

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22 of the Petition whether Petitioner is entitled to relief. 28 U.S.C. § 2243. Accordingly, pursuant to
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23 Rule 4 of the Rules Governing Section 2254 Cases, the Court HEREBY ORDERS:

1.

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Within FOURTEEN (14) days of the date of service of this order, Respondent

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SHALL FILE a RESPONSE to the Motion for Temporary Restraining Order

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(ECF No. 2).

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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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2.

Petitioner MAY FILE a Reply to the Response within SEVEN (7) days after the

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Response to the Motion for Temporary Restraining Order is served. Thereafter,

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the Court will set a hearing if necessary.

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3.

Within SIXTY (60) days of the date of service of this order, Respondent SHALL

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FILE a RESPONSE to the Petition. See Rule 4, Rules Governing Section 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.

AN ANSWER addressing the merits of the Petition. Any argument

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by Respondent that Petitioner has procedurally defaulted a claim SHALL

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BE 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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4.

A MOTION TO DISMISS the Petition.

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 Petition. See Rule 5(c), Rules Governing Section 2254

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Cases. The transcripts or other documents shall only be filed electronically

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and, to the extent practicable, provided in Optical Character Recognition

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(“OCR”) format. Respondent shall not file a hard copy of the transcripts or

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other documents unless so ordered by this Court.

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5.

If Respondent files an Answer to the Petition, 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 Petition and Answer are deemed submitted at

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the expiration of the thirty days.

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6.

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 of

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service of Respondent’s Motion. Any Reply to an Opposition to the Motion to

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Dismiss SHALL be filed within FOURTEEN (14) days after the Opposition has

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been filed in CM/ECF. The Motion to Dismiss will be deemed submitted when

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the time to reply has expired. See Local Rule 230(l).
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Respondent SHALL COMPLETE and RETURN to the Court within THIRTY

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(30) days a Consent/Decline form indicating whether Respondent consents or

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declines to consent to the jurisdiction of a United States Magistrate Judge

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pursuant to Title 28 U.S.C. § 636(c)(1).
Extensions of time will only be granted upon a showing of good cause. All provisions of

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8 Local Rule 110 are applicable to this order.
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IT IS SO ORDERED.

11 Dated:

May 6, 2022
UNITED STATES MAGISTRATE JUDGE

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