Kevin Roberto Carranza Garcia v. Christopher Chestnut

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN ROBERTO CARRANZA Case No. 2:26-cv-0570-DJC-JDP GARCIA (A-Number: 241-102-107), 12 Petitioner, 13 ORDER v. 14 CHRISTOPHER CHESTNUT, 15 Respondent. 16 17 18 Petitioner, an immigration detainee, proceeding pro se, filed a petition for writ of habeas 19 corpus under 28 U.S.C. § 2241. ECF No. 1. The majority of the petition, however, is in Spanish. 20 See id. at 6-9. Respondent moves to dismiss the petition because it is not in English. ECF No. 7. 21 The petition, as it stands, must be dismissed. Petitioner will be provided with an opportunity to 22 file an amended petition. Because the court is concerned with petitioner’s ability to file a petition 23 in English, the court has determined that the interests of justice require the appointment of 24 counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th 25 Cir. 1983). 26 Within seven days of this order, the appointing authority for the Eastern District of 27 California shall identify counsel and send counsel’s contact information to 28 1 ncannarozzi@caed.uscourts.gov, and counsel will be added as counsel for petitioner. If counsel 2 is not a member of the Eastern District of California Criminal Justice Act Panel, within seven 3 days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro 4 hac vice. 5 Based on the foregoing, it is hereby ORDERED that: 6 1. The petition for writ of habeas corpus, ECF No. 1, is DISMISSED with leave to 7 amend. 8 2. The Clerk of the Court shall serve a copy of this order together with a copy of 9 petitioner’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the Federal 10 Defender, Attention: Habeas Appointment. 11 3. Within seven days of this order, the appointing authority for the Eastern District of 12 California shall identify counsel and send counsel’s contact information to 13 ncannarozzi@caed.uscourts.gov, and counsel will be added as counsel for petitioner. If counsel 14 is not a member of the Eastern District of California Criminal Justice Act Panel, within seven 15 days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro 16 hac vice. 17 4. Within seven days of petitioner’s counsel appearing, petitioner shall file an amended 18 petition. 19 5. Respondent must file a response to the petition within seven days. A response may be 20 one of the following: 21 A. An answer addressing the merits of the petition. Any argument by the 22 respondent that petitioner has procedurally defaulted a claim must be raised 23 in the answer, which must also address the merits of petitioner’s claims. 24 B. A motion to dismiss the petition. 25 6. If respondent files an answer to the petition, petitioner may file a traverse within seven 26 days of the date of service of respondent’s answer. If no traverse is filed within seven days, the 27 petition and answer are deemed submitted. 28 7. If respondent moves to dismiss, petitioner must file an opposition or statement of non- 1 | opposition within seven days of the date of service of respondent’s motion. Any reply to an 2 || opposition to the motion to dismiss must be filed within seven days after the opposition 1s served. 3 | The motion to dismiss will be considered submitted twenty-one days after the service of the 4 | motion or when the reply is filed, whichever comes first. See Local Rule 230(1). 5 6 IT IS SO ORDERED.

Dated: _ March 18, 2026 aw—— 8 JEREMY D. PETERSON 9 UNITED STATES MAGISTRATE JUDGE

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