Samba Diallo v. Christopher Chestnut, et al.

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

SAMBA DIALLO, Case No. 1:26-cv-03726-JLT-EPG-HC

Petitioner, ORDER TO RESPOND

v. ORDER SETTING BRIEFING SCHEDULE

CHRISTOPHER CHESTNUT, et al., ORDER TO ELECTRONICALLY FILE Respondents. TRANSCRIPTS AND OTHER NECESSARY DOCUMENTS Petitioner, represented by counsel, is a federal immigration detainee proceeding with a petition of writ of habeas corpus pursuant to 28 U.S.C. § 2241. 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 THIRTY (30) 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).2 A Response can be made by filing one of the following: 1 The Rules Governing Section 2254 Cases may apply to § 2241 habeas petitions. See Rule 1(b) of the Rules Governing Section 2254 Cases. 2 See also Schwarz v. Meinberg, 478 F. App’x 394, 395 (9th Cir. 2012) (rejecting petitioner’s contention 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. 2. Within THIRTY (30) days after 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. 3. If Respondent files an Answer to the Petition, Petitioner MAY FILE a Traverse within FIFTEEN (15) days of the date of service of Respondent’s Answer. If no Traverse is filed, the Petition and Answer are deemed submitted at the expiration of the fifteen days. 4. If Respondent files a Motion to Dismiss, Petitioner SHALL FILE an Opposition or Statement of Non-Opposition within FOURTEEN (14) days of the date of service of Respondent’s Motion. Any Reply to an Opposition to the Motion to Dismiss SHALL be filed within SEVEN (7) days after the Opposition has been filed in CM/ECF. The Motion to Dismiss will be deemed submitted when the time to reply has expired. All motions shall be submitted on the record and briefs filed without oral argument unless otherwise ordered by the Court. These dates should be considered as firm by all parties. If any party requires additional time, it should file a motion for amendment of the schedule before a deadline has passed and explain in detail why the party cannot comply with this schedule. \\\ Extensions of time will only be granted upon a showing of good cause. All provisions of Local Rule 110 are applicable to this order.

Dated: _ May 18, 2026 [Je heey — ‘ UNITED STATES MAGISTRATE JUDGE

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