(HC)Gramajo Lopez v. Garland

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

HECTOR GRAMAJO LOPEZ, Case No. 1:22-cv-00531-SAB-HC

Petitioner, ORDER TO RESPOND

v. ORDER SETTING BRIEFING SCHEDULE

MERRICK GARLAND, et al., ORDER TO ELECTRONICALLY FILE Respondents. TRANSCRIPTS AND OTHER NECESSARY DOCUMENTS Petitioner, represented by counsel, is an immigration detainee proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner moves for a temporary restraining order and seeks habeas relief on the ground that he has been detained since September 2021 without being afforded a bond hearing, in violation of the Fifth and Eighth Amendment. (ECF Nos. 1, 2). The Court has conducted a preliminary review of the Petition. It is not clear from the face of the Petition whether Petitioner is entitled to relief. 28 U.S.C. § 2243. Accordingly, pursuant to Rule 4 of the Rules Governing Section 2254 Cases,1 the Court HEREBY ORDERS: 1. Within FOURTEEN (14) days of the date of service of this order, Respondent SHALL FILE a RESPONSE to the Motion for Temporary Restraining Order (ECF No. 2).

1 The Rules Governing Section 2254 Cases apply to § 2241 habeas petitions. See Rule 1(b) of the Rules Governing Section 2254 Cases (“The district court may apply any or all of these rules to a habeas corpus petition not covered 2. Petitioner MAY FILE a Reply to the Response within SEVEN (7) days after the Response to the Motion for Temporary Restraining Order is served. Thereafter, the Court will set a hearing if necessary. 3. Within SIXTY (60) days of the date of service of this order, Respondent SHALL FILE a RESPONSE to the Petition. See Rule 4, Rules Governing Section 2254 Cases; Cluchette v. Rushen, 770 F.2d 1469, 1473–74 (9th Cir. 1985) (court has discretion to fix time for filing a response). A Response can be made by filing one of the following: A. AN ANSWER addressing the merits of the Petition. Any argument by Respondent that Petitioner has procedurally defaulted a claim SHALL BE MADE in the ANSWER, but must also address the merits of the claim asserted. B. A MOTION TO DISMISS the Petition. 4. Within SIXTY (60) days of the date of service of this order, Respondent SHALL FILE any and all transcripts or other documents necessary for the resolution of the issues presented in the Petition. See Rule 5(c), Rules Governing Section 2254 Cases. The transcripts or other documents shall only be filed electronically and, to the extent practicable, provided in Optical Character Recognition (“OCR”) format. Respondent shall not file a hard copy of the transcripts or other documents unless so ordered by this Court. 5. If Respondent files an Answer to the Petition, Petitioner MAY FILE a Traverse within THIRTY (30) days of the date Respondent’s Answer is filed with the Court. If no Traverse is filed, the Petition and Answer are deemed submitted at the expiration of the thirty days. 6. If Respondent files a Motion to Dismiss, Petitioner SHALL FILE an Opposition or Statement of Non-Opposition within TWENTY-ONE (21) days of the date of service of Respondent’s Motion. Any Reply to an Opposition to the Motion to been filed in CM/ECF., The Motion to Dismiss will be deemed submitted when the time to reply has expired. See Local Rule 230()). 7. Respondent SHALL COMPLETE and RETURN to the Court within THIRTY (30) days a Consent/Decline form indicating whether Respondent consents or declines to consent to the jurisdiction of a United States Magistrate Judge pursuant to Title 28 U.S.C. § 636(c)(1). Extensions of time will only be granted upon a showing of good cause. All provisions of Local Rule 110 are applicable to this order. IT IS SO ORDERED. FA. ee Dated: _ May 6, 2022

UNITED STATES MAGISTRATE JUDGE