(HC) Valencia v. Warden, F.C.I. Mendota

Filing 24

ORDER to Respond; ORDER Setting Briefing Schedule, signed by Magistrate Judge Erica P. Grosjean on 02/06/2024. Response due within Twenty-One Days. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NEIVER SURLEY MINA VALENCIA,

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Petitioner,

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Case No. 1:23-cv-00148-EPG-HC
ORDER TO RESPOND

v.

ORDER SETTING BRIEFING SCHEDULE

WARDEN, F.C.I. MENDOTA,

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Respondent.

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Petitioner Neiver Surley Mina Valencia is a federal prisoner who proceeded pro se with a

18 petition of writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1.) On November 7,
19 2023, the Court granted Respondent’s superseding motion to dismiss and dismissed the petition
20 as moot given that Petitioner had not suffered a final order of removal and Petitioner had
21 received the remedy he requested in his petition. (ECF No. 21.) That same day, judgment was
22 entered and the case closed. (ECF No. 22.)
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On February 2, 2024, the Court receive the instant motion to reopen case based on new

24 discovery evidence. (ECF No. 23.) Therein, Petitioner alleges that he is being denied time credits
25 based on a final administrative removal order issued on September 22, 2023.
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Accordingly, the Court HEREBY ORDERS:

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SHALL FILE a response to Petitioner’s motion to reopen; and

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Within twenty-one (21) days of the date of service of this order, Respondent

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Within fourteen (14) days of the date of service of Respondent’s response,
Petitioner may file a reply.

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IT IS SO ORDERED.
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Dated:

February 6, 2024

/s/
UNITED STATES MAGISTRATE JUDGE

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