Utkarshkumar Umar Trivedi v. Christopher Chestnut, et al.

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UTKARSHKUMAR UMAR TRIVEDI, Case No. 1:26-cv-0041-DC-JDP (P) 12 Petitioner, 13 v. ORDER 14 CHRISTOPHER CHESTNUT, et al., 15 Respondents. 16 17 Petitioner, an immigration detainee who is representing himself, filed a petition for a writ 18 of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner has also filed an application to proceed 19 in forma pauperis, ECF No. 2, and a motion for appointed counsel, ECF No. 3. The court has 20 conducted a preliminary review of the petition pursuant to Rule 4 of the Rules Governing Habeas 21 Corpus Cases Under Section 2254.1 22 Petitioner’s application to proceed in forma pauperis makes the required showing and is 23 granted. See 28 U.S.C. § 1915(a). Petitioner’s motion for the appointment of counsel is also 24 granted. In light of the complexity of the legal issues involved, the court has determined that the 25 interests of justice require the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also 26

27 1 Rule 1(b) of the Rules Governing Habeas Corpus Cases Under Section 2254 allows a district court to apply any or all of the rules to other types of habeas corpus petitions including 28 § 2241 petitions. 1 Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Within seven days of this order, the 2 appointing authority for the Eastern District of California shall identify counsel and send 3 counsel’s contact information to ncannarozzi@caed.uscourts.gov, and counsel will be added as 4 counsel for petitioner. If counsel is not a member of the Eastern District of California Criminal 5 Justice Act Panel, within seven days of this Order the Federal Defender shall file a motion to 6 appoint counsel as CJA counsel pro hac vice. 7 In accordance with the above, IT IS HEREBY ORDERED that: 8 1. Petitioner’s application to proceed in forma pauperis, ECF No. 2, is GRANTED. 9 2. Petitioner’s request for appointment of counsel, ECF No. 3, is GRANTED. 10 3. The Clerk of the Court shall serve a copy of this order together with a copy of 11 petitioner’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the Federal 12 Defender, Attention: Habeas Appointment. 13 4. Within seven days of this order, the appointing authority for the Eastern District of 14 California shall identify counsel and send counsel’s contact information to 15 ncannarozzi@caed.uscourts.gov, and counsel will be added as counsel for petitioner. If counsel 16 is not a member of the Eastern District of California Criminal Justice Act Panel, within seven 17 days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro 18 hac vice. 19 5. The Clerk of the Court shall serve a copy of this order together with a copy of 20 petitioner’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United 21 States Attorney. 22 6. Within seven days of petitioner’s counsel appearing, the parties shall file a joint status 23 report addressing any motions the parties anticipate filing and a proposed briefing schedule for 24 such motions. 25 26 27 28 1 > IT IS SO ORDERED.

Dated: _ January 8, 2026 q-—— 4 JEREMY D. PETERSON 5 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28