Florin Novac v. Michael Bernacke, et al.

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Florin Novac, Case No.: 2:26-cv-00946-APG-NJK

4 Petitioner, Service Order

5 v. [ECF No. 1] 6 Michael Bernacke, et al.,

7 Respondents.

9 Petitioner Florin Novac, an immigration detainee, who is challenging the lawfulness of 10 his federal detention at Nevada Southern Detention Center, has filed a petition for federal habeas 11 corpus relief under 28 U.S.C. § 2241. ECF No. 1. Novac is represented by counsel, and he has 12 paid the filing fee for this action. Following a preliminary review of the petition under the Rules 13 Governing Section 2254 Cases,1 the Court finds that the petition establishes a prima facie case 14 for relief, so the Court directs that it be served on the respondents and sets a briefing schedule. 15 It is therefore ordered that the Clerk of Court: 16 1. ADD the United States Attorneys’ Office for the District of Nevada to the docket as an Interested Party. Pursuant to District of 17 Nevada’s General Order 2026-03 (Feb. 13, 2026), this constitutes service on all federal respondents under Federal Rule of Civil Procedure 4 and 18 28 U.S.C. § 2243.

19 2. MAIL a copy of the petition (ECF No. 1) and this order pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure to John Mattos, 20 Warden, Nevada Southern Detention Center, 2190 E. Mesquite Ave. Pahrump, NV 89060. 21

23 1 The Court exercises its discretion to apply the rules governing 28 U.S.C. § 2254 petitions to this 28 U.S.C. § 2241 action. See Habeas Rule 1(b). 1 3. SEND a copy of the petition (ECF No. 1) and this order to Ashley Hesman (Mattos’s attorney) at ahesman@strucklove.com. 2 3 It is further ordered that the United States Attorney’s Office for the District of Nevada 4|| file a notice of appearance within 7 days of the date of this Order and file and serve their answer 5] to the amended petition within 14 days of service of the counseled amended petition, unless additional time is allowed for good cause shown. The respondents must file any documents 7|| referenced or relied upon in their responsive pleading with that pleading.” Petitioner will then 8|| have 7 days to file a reply. 9 It is further ordered that the parties must meet and confer regarding any requests for an 10]| extension of deadlines and stipulate to the extension if possible. Any motion for extension must 11]\certify efforts taken to meet and confer and indicate the opposing party’s position regarding the extension. Any motion or stipulation must comply with Federal Rule of Civil Procedure 6(b) and 13}| Local Rules IA 6-1, 6-2. 14 It is further ordered that the respondents shall not transfer Petitioner out of this District, 15|| with the exception of effectuating Petitioner’s lawful deportation.° 16 DATED: April 1, 2026

18 ANDREW P. GORDON CHIEF UNITED STATES DISTRICT JUDGE 19 20}| ———_________ ? See Harris v. Nelson, 394 U.S. 286, 290 (1969) (holding that “‘a district court, confronted by a petition for habeas corpus which establishes a prima facie case for relief, may use or authorize the use of suitable discovery procedures ... reasonably fashioned to elicit facts necessary to help 22|| the court to ‘dispose of the matter as law and justice require.’” (citing 28 U.S.C. § 2243)). 3 > See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting the court may use its “express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction”).