Achu Kingsley Achidi v. Jeremy Casey

S.D. California

Achu Kingsley Achidi v. Jeremy Casey

District Court, S.D. California·Decided February 20, 2026·No. 3:26-cv-00875·Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ACHU KINGSLEY ACHIDI, Case No. 26-cv-00875-BAS-BJW

12 Petitioner, ORDER: 13 v. (1) REQUIRING THE 14 JEREMY CASEY, GOVERNMENT TO RESPOND 15 Respondent. TO AMENDED PETITION FOR WRIT OF HABEAS 16 CORPUS (ECF No. 5); AND 17 (2) SETTING HEARING ON 18 AMENDED PETITION 19 20 21 Petitioner Achu Kingsley Achidi filed a pro se Petition for Writ of Habeas Corpus 22 pursuant to 28 U.S.C. § 2241. (ECF No. 1.) The Court referred the matter to Federal 23 Defenders of San Diego, Inc., for consideration of appointment of counsel. (ECF No. 3.) 24 Federal Defenders responded by filing an Amended Petition on February 18, 2026. (ECF 25 No. 5.) Accordingly, the Court confirms appointment of Federal Defenders as counsel for 26 Petitioner. 27 Having reviewed the Amended Petition, the Court finds summary dismissal is 28 unwarranted at this time. See Kourteva v. INS, 151 F. Supp. 2d 1126, 1128 (N.D. Cal. 1 ||2001) (“Summary dismissal is appropriate only where the allegations in the petition are 2 || vague or conclusory, palpably incredible, or patently frivolous or false.”). Therefore, the 3 || Court will order the Government to respond to the Amended Petition and set a hearing. 4 Accordingly, the Court ORDERS as follows: 5 l. The Government must file a response to the Amended Petition no later than 6 February 27, 2026. The Government’s response must address the allegations in the 7 || Amended Petition and must include any documents relevant to the determination of the 8 ||issues raised in the Amended Petition. 9 2. Petitioner may file a reply in support of his Amended Petition no later than 10 || March 6, 2026. 11 3. The parties must appear in Courtroom 12B on March 13, 2026, at 11:30 a.m. 12 || for a hearing on the Amended Petition. 13 4. The Clerk of Court shall provide the Civil Division of the U.S. Attorney’s 14 || Office with a copy of the Amended Petition (ECF No. 5) and this Order. 15 IT IS SO ORDERED. 16 17 || DATED: February 20, 2026 yatta Bahar 18 Hon. Cynthia Bashant, Chief Judge 19 United States District Court

20 21 22 23 24 25 26 27 28 ~_9_

Free access — add to your briefcase to read the full text and ask questions with AI

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ACHU KINGSLEY ACHIDI, Case No. 26-cv-00875-BAS-BJW

12 Petitioner, ORDER: 13 v. (1) REQUIRING THE 14 JEREMY CASEY, GOVERNMENT TO RESPOND 15 Respondent. TO AMENDED PETITION FOR WRIT OF HABEAS 16 CORPUS (ECF No. 5); AND 17 (2) SETTING HEARING ON 18 AMENDED PETITION 19 20 21 Petitioner Achu Kingsley Achidi filed a pro se Petition for Writ of Habeas Corpus 22 pursuant to 28 U.S.C. § 2241. (ECF No. 1.) The Court referred the matter to Federal 23 Defenders of San Diego, Inc., for consideration of appointment of counsel. (ECF No. 3.) 24 Federal Defenders responded by filing an Amended Petition on February 18, 2026. (ECF 25 No. 5.) Accordingly, the Court confirms appointment of Federal Defenders as counsel for 26 Petitioner. 27 Having reviewed the Amended Petition, the Court finds summary dismissal is 28 unwarranted at this time. See Kourteva v. INS, 151 F. Supp. 2d 1126, 1128 (N.D. Cal. 1 ||2001) (“Summary dismissal is appropriate only where the allegations in the petition are 2 || vague or conclusory, palpably incredible, or patently frivolous or false.”). Therefore, the 3 || Court will order the Government to respond to the Amended Petition and set a hearing. 4 Accordingly, the Court ORDERS as follows: 5 l. The Government must file a response to the Amended Petition no later than 6 February 27, 2026. The Government’s response must address the allegations in the 7 || Amended Petition and must include any documents relevant to the determination of the 8 ||issues raised in the Amended Petition. 9 2. Petitioner may file a reply in support of his Amended Petition no later than 10 || March 6, 2026. 11 3. The parties must appear in Courtroom 12B on March 13, 2026, at 11:30 a.m. 12 || for a hearing on the Amended Petition. 13 4. The Clerk of Court shall provide the Civil Division of the U.S. Attorney’s 14 || Office with a copy of the Amended Petition (ECF No. 5) and this Order. 15 IT IS SO ORDERED. 16 17 || DATED: February 20, 2026 yatta Bahar 18 Hon. Cynthia Bashant, Chief Judge 19 United States District Court

20 21 22 23 24 25 26 27 28 ~_9_

Achu Kingsley Achidi v. Jeremy Casey, (S.D. Cal. 2026).

Pincite

Achu Kingsley Achidi v. Jeremy Casey (Achu Kingsley Achidi v. Jeremy Casey) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related