(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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NEIVER SURLEY MINA VALENCIA, 12 Petitioner, 13 14 Case No. 1:23-cv-00148-EPG-HC ORDER TO RESPOND v. ORDER SETTING BRIEFING SCHEDULE WARDEN, F.C.I. MENDOTA, 15 Respondent. 16 17 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.) 23 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. 26 /// 27 /// 28 /// 1 1 Accordingly, the Court HEREBY ORDERS: 2 1. SHALL FILE a response to Petitioner’s motion to reopen; and 3 4 Within twenty-one (21) days of the date of service of this order, Respondent 2. Within fourteen (14) days of the date of service of Respondent’s response, Petitioner may file a reply. 5 6 IT IS SO ORDERED. 7 8 Dated: February 6, 2024 /s/ UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?