Chin v. Aiken et al

Filing 14

ORDER signed by Magistrate Judge Craig M. Kellison on 2/19/16 ORDERING that petitioners motion for a briefing schedule (Doc. 13 ) is GRANTED; Petitioners motion for the appointment of counsel (Doc. 2 ) is DENIED without prejudice to renewal afte r a response to the petition has been filed; Respondents shall file a response to the petition within 60 days of the date of this order; and petitioners traverse, if an answer is filed, is due within 30 days after service of the answer. (Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

SHEW FEI CHIN,

12
13
14
15

Petitioner,
vs.

ORDER

TIMOTHY AIKEN, et al.,
Respondents.

16
17

No. 2:15-CV-2397-JAM-CMK-P

/
Petitioner, who is proceeding pro se, brings this petition for a writ of habeas

18

corpus pursuant to 28 U.S.C. § 2241 challenging his continued custody pending removal.

19

Respondents have appeared in the action (see Doc. 12). Pending before the court is petitioner’s

20

petition (Doc. 1). Also before the court are petitioner’s motion for the appointment of counsel

21

(Doc. 2) and petitioner’s motion for a briefing schedule (Doc. 13).

22

Petitioner’s claim is cognizable. See Zadvydas v. Davis, 533 U.S. 678 (2001).

23

Respondents will be directed to file a response to the petition and a briefing schedule will be set.

24

Petitioner’s motion for the appointment of counsel, however, will be denied because, at this

25

stage of the proceedings, the court cannot say that exceptional circumstances exist. See 18

26

U.S.C. § 2006A(a)(2)(B).
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

Petitioner’s motion for a briefing schedule (Doc. 13) is granted;

3

2.

Petitioner’s motion for the appointment of counsel (Doc. 2) is denied

4

without prejudice to renewal after a response to the petition has been filed;

5

3.

6

of this order; and

7

4.

8

Respondents shall file a response to the petition within 60 days of the date

Petitioner’s traverse, if an answer is filed, is due within 30 days after

service of the answer.

9
10
11
12

DATED: February 19, 2016
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
2