Wen v. Attorney General of the US of America et al

Filing 4

ORDER that 1 Motion/Application for Leave to Proceed in forma pauperis is GRANTED. The Clerk SHALL FILE AND SERVE copies of the petition and this order upon respondents as listed in this order. FURTHER ORDERED that respondents SHALL FILE AND SERV E an answer or other response to the petition within twenty (20) days of the date that this order is entered, unless for good cause additional time is allowed. Signed by Judge Richard F. Boulware, II on 10/25/17. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 LIN ZHI WEN, 10 Case No. 2:17-cv-00410-RFB-NJK Petitioner, ORDER v. 11 12 ATTORNEY GENERAL OF THE US OF AMERICA, et al., 13 Respondents. 14 15 Petitioner Lin Zhi Wen has filed a pro se habeas corpus petition under 28 U.S.C. 16 § 2241, in which he challenges his continued detention beyond the removal period (ECF 17 No. 1-1). His application to proceed in forma pauperis (ECF No. 1) shall be granted. This 18 court has conducted a preliminary review of the petition. 19 20 21 22 IT IS THEREFORE ORDERED that petitioner’s application to proceed in forma pauperis (ECF No. 1) is GRANTED. IT IS FURTHER ORDERED that the Clerk SHALL FILE AND SERVE copies of the petition (ECF No. 1-1) and this order upon respondents as follows: 23 1. By having the United States Marshal, on or before the close of business on the 24 date that this order is entered, serve a copy of the petition (ECF No. 1-1) and this order 25 on the United States Attorney for the District of Nevada or on an Assistant United States 26 Attorney or clerical employee designated by the United States Attorney pursuant to Rule 27 4(i)(1)(A) of the Federal Rules of Civil Procedure. 28 1 1 2. By sending a copy of the petition (ECF No. 1-1) and this order by registered or 2 certified mail to the following: (1) the Honorable Jeff Sessions, Attorney General of the 3 United States, Department of Justice, 950 Pennsylvania Ave. NW, Washington, DC 4 20530; (2) the Honorable John F. Kelly, Secretary of the U.S. Department of Homeland 5 Security, Washington, DC 20528; (3) the Office of the Attorney General of the State of 6 Nevada, Criminal Division, 100 North Carson St., Carson City, NV 89701; (4) the Officer 7 in Charge of the Department of Homeland Security, United States Customs and 8 Immigration Services (USCIS Local), 5650 West Badura Avenue, Suite 100, Las Vegas, 9 NV 89118; and (5) ICE Field Office Director, Detention and Removal, 5650 West Badura 10 Avenue, Suite 100, Las Vegas, NV 89118. 11 IT IS FURTHER ORDERED that respondents SHALL FILE AND SERVE an 12 answer or other response to the petition (ECF No. 1-1) within twenty (20) days of the 13 date that this order is entered, unless for good cause additional time is allowed. 14 IT IS FURTHER ORDERED that all exhibits filed by respondents and petitioner 15 herein SHALL BE FILED with a separate index of exhibits identifying the exhibits by 16 number or letter. The CM/ECF attachments that are filed further shall be identified by the 17 number or numbers (or letter or letters) of the exhibits in the attachment. A hard copy 18 (courtesy copy) of all pleadings and exhibits SHALL BE FORWARDED on the date of 19 filing to the staff attorneys, in care of the Office of the Clerk of Court, United States District 20 Court, 400 South Virginia St., Reno, NV 89501. 21 22 DATED: 25 October 2017. 23 24 RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 25 26 27 28 2

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