(HC) Treon v. Federal Bureau of Prisons

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAYMOND A. TREON, Case No. 1:25-cv-00122-HBK (HC)1 12 Petitioner, ORDER REQUIRING RESPONSE TO FIRST AMENDED PETITION FOR WRIT OF 13 v. HABEAS CORPUS

14 FEDERAL BUREAU OF PRISONS.,

15 Respondent. 16 17 18 On March 17, 2025, Petitioner Raymond A. Treon, a federal prisoner proceeding pro se, 19 filed his first amended petition for writ of habeas corpus under 28 U.S.C. § 2241. (Doc. No. 7). 20 The Court screened the amended petition and ordered Respondent to file a response. (Doc. No. 21 8). However, before the deadline to respond, the Court vacated the briefing schedule to address 22 the impact of Petitioner’s two later-filed petitions. (Doc. No. 14). Subsequently, the Court 23 construed Petitioner’s later-filed petition as a motion to amend; granted Petitioner leave to file a 24 second amended petition; and ordered Petitioner to deliver his second amended petition to 25 correctional officials for mailing no later than June 23, 2025. (Doc. No. 16). To date, the Court 26 has not received a second amended petition and the time to do so has expired. 27 1 Both parties have consented to the jurisdiction of a magistrate judge in accordance with 28 U.S.C. 28 §636(c)(1). (Doc. No. 13). 1 Because Petitioner failed to file a second amended petition within the time allowed by the 2 Court, the Court deems the first amended petition the operative pleading. The Court has already 3 determined a response to the first amended petition is warranted. (See Doc. No. 8). 4 Accordingly, it is ORDERED: 5 1. Petitioner’s first amended petition (Doc. No. 7) is deemed the operative pleading. 6 2. No later than thirty (30) days from the date of entry of this Order, Respondent is 7 DIRECTED to respond to each ground and argument raised in the first amended petition 8 and show cause why the petition should not be granted. A response may be one of the 9 following: 10 (A) An answer addressing the merits of the petition. This response, which may not 11 exceed fifty (50) pages in length without the court’s leave, 12 i. must set forth the facts and procedural history of the case and address each 13 ground, allegation, and argument raised in the petition. Conclusory 14 statements and summary arguments that petitioner is not entitled to 15 relief are not acceptable responses. 16 ii. the Court recognizes that counsel on behalf of the government and/or 17 Institution may wish to respond on separate issues raised in the petition. 18 However, the Court will accept only one “Answer.” Such Answer must 19 contain all argument with respect to all issues raised in the petition, 20 whether formulated by counsel for the government or the institution. 21 (B) A motion to dismiss the petition. This limited response must include only portions 22 of the record necessary for the court to decide the bar to a merits review. 23 3. Respondent is DIRECTED to electronically file all transcripts and other 24 documents necessary for resolving the issues presented in the petition. See R. 25 Governing Section 2254 Cases 5(c). 26 (A) The record must include – as separate exhibits – all relevant 27 transcripts or other documents relevant to the resolution of the issues 28 presented in the petition, including, but not limited to, 1 i. copies of appeals taken by a prisoner within the prison and 2 before the Bureau of Prisons. 3 li. any relevant briefing submitted by petitioner or prosecution in 4 trial and appellate courts; and 5 iii. any relevant opinions and dispositive orders of the trial and 6 appellate courts. 7 (B) The record must include an electronically bookmarked index with 8 sufficiently detailed bookmarks that identify the title of each exhibit 9 and the page location within the record as filed in CM/ECF. Failure 10 to do so may result in the court directing Respondent to refile the 11 relevant documents. 12 4. If Respondent files an answer to the petition, Petitioner may file a reply within 13 thirty (30) days of the date of service of Respondent’s answer. The reply 14 must not exceed twenty (20) pages without the court’s leave. If no reply is 15 filed within thirty (30) days, the petition and answer are deemed submitted. 16 The Court will not address new grounds raised in the reply. See United States 17 v. Cox 7 F.3d 1458, 1463 (9th Cir. 1993). 18 5. If Respondent moves to dismiss, Petitioner must file an opposition or 19 statement of non-opposition within twenty-one (21) days of the date of 20 service of Respondent’s motion. Any reply to an opposition to the motion to 21 dismiss must be filed within seven (7) days after the opposition is served. 22 6. All motions shall be submitted on the record and briefs filed without oral 23 argument unless otherwise ordered by the Court. 24 7. Extensions of time will be granted only upon a showing of good cause. 25 | Dated: _ July 7.2025 Mihaw. Wh. foareh fackte 27 HELENA M. BARCH-KUCHTA 38 UNITED STATES MAGISTRATE JUDGE