Vitaly Fedorov v. John Mattos, et al.

• Court: District Court, D. Nevada
• Decided: December 19, 2025
• Docket: 2:25-cv-02518
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 VITALY FEDOROV, Case No. 2:25-cv-02518-APG-NJK

4 Petitioner Order

5 v. [ECF Nos. 1, 1-1, 1-2]

6 JOHN MATTOS, et al.,

7 Respondents.

10 Petitioner Vitaly Fedorov, an immigration detainee born in the former U.S.S.R., is 11 challenging his ongoing federal detention at Nevada Southern Detention Center under a removal 12 order that is not reasonably foreseeable. He has filed a pro se petition for federal habeas corpus 13 relief under 28 U.S.C. § 2241, a motion for leave to proceed in forma pauperis (IFP), and a 14 motion for appointment of counsel. ECF Nos. 1, 1-1, 1-2. Good cause exists to grant the motion 15 to proceed IFP. The appointment of counsel serves the interests of justice given, among other 16 things, the complexities of this case.1 And, following a preliminary review of the petition,2 I 17 find that it establishes a prima facie case for relief, so I direct that it be served on the United 18 States Attorney’s Office for the District of Nevada. 19 20 1 Prisoners applying for habeas corpus relief are entitled to appointed counsel when the 21 circumstances indicate that appointed counsel is necessary to prevent due process violations or whenever the interests of justice so require. Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 22 1986); 18 U.S.C. § 3006A; Rule 8(c), Rules Governing § 2254 Cases. 2 I exercise my discretion to apply the rules governing 28 U.S.C. § 2254 petitions to this 28 23 U.S.C. § 2241 action. See Habeas Rule 1(b). 1 I THEREFORE ORDER that the motion to proceed IFP (ECF No. 1) is granted. 2 I FURTHER ORDER that the motion for appointment of counsel (ECF No. 1-2) is 3 granted. The Federal Public Defender for the District of Nevada is appointed to represent Vitaly 4 Fedorov and is directed to file a notice of appearance (or indicate its inability to represent

5 Fedorov) by December 29, 2025. If the Federal Public Defender is unable to represent Fedorov, 6 alternate counsel will be appointed. Appointed counsel will represent Fedorov in all federal 7 proceedings related to this matter, including any appeals or certiorari proceedings, unless 8 allowed to withdraw. 9 I FURTHER ORDER that if the Federal Public Defender files a notice of appearance in 10 this matter, it will then have 14 days to file an amended petition or to indicate that an amended 11 petition is unnecessary. The Federal Public Defender shall effectuate service of the amended 12 petition, if one is filed, on the respondents. 13 I FURTHER KINDLY ORDER that the Clerk of Court: 14 1. DELIVER a copy of the petition (ECF No. 1-1) and this Order to the U.S.

15 Marshal for service. 16 2. ADD the United States Attorney for the District of Nevada and John Mattos to 17 the docket as Interested Parties. 18 3. SEND, through CM/ECF, a copy of the petition (ECF No. 1-1) and this Order to 19 the United States Attorney’s Office for the District of Nevada, at 20 Sigal.Chattah@usdoj.gov, summer.johnson@usdoj.gov, 21 Veronica.criste@usdoj.gov, and caseview.ecf@usdoj.gov, in accordance with 22 Federal Rule of Civil Procedure 5(b)(2)(E). 23 1 4. MAIL a copy of the petition (ECF No. 1-1) and this Order pursuant to Rule 2 4(i)(2) of the Federal Rules of Civil Procedure to: 3 a) John Mattos, Warden, Nevada Southern Detention Center, 2190 E. 4 Mesquite Ave. Pahrump, NV 89060

5 b) Michael Bernacke, Salt Lake City ICE Field Office Director, 2975 6 Decker Lake Drive Suite 100, West Valley City, UT 84119-6096 7 c) Todd Lyons, Acting Director for U.S. Immigration and Customs 8 Enforcement, 500 12th Street, SW, Washington, DC 20536 9 d) Kerri Ann Quihuis, 501 South Las Vegas Blvd., Suite 1000, Las 10 Vegas, NV 89101 11 e) Kristi Noem, Secretary, United States Department of Homeland 12 Security, 245 Murray Lane SW, Washington, DC 20528 13 f) Pamela Bondi, Attorney General of the United States, 950 14 Pennsylvania Avenue, NW, Washington, DC, 20530

15 I FURTHER ORDER the U.S. Marshal to SERVE a copy of the petition (ECF No. 1-1) 16 and this Order on the United States Attorney for the District of Nevada or on an Assistant United 17 States Attorney or clerical employee designated by the United State Attorney pursuant to Rule 18 4(i)(1)(A)(i) of the Federal Rules of Civil Procedure. 19 I FURTHER ORDER the United States Attorney’s Office for the District of Nevada to 20 file a notice of appearance by December 29, 2025 and either (1) file and serve their answer to the 21 amended petition within seven days of service of the counseled amended petition or (2) file and 22 serve their answer to the petition within seven days of the Federal Public Defender’s indication 23 that an amended petition is unnecessary. The respondents must file with their answer any 1|| documents referenced or relied upon in their responsive pleading.* Fedorov will then have seven days to file a reply. 3 I FURTHER ORDER the parties to meet and confer regarding any requests for an extension of deadlines and stipulate to the extension if possible. Any motion for extension must certify efforts taken to confer and indicate the opposing party’s position regarding the extension. 6]| Any motion or stipulation must comply with Federal Rule of Civil Procedure 6(b) and Local Rules IA 6-1, 6-2. 8 I FURTHER ORDER that the respondents must not transfer Fedorov out of this District without further order of this court.* 10 Dated: December 19, 2025. 1] 3 □ ANDREW P. GORDON 12 CHIEF UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20}| ———_________ > See Harris v. Nelson, 394 U.S. 286, 290 (1969) (holding that “‘a district court, confronted by a petition for habeas corpus which establishes a prima facie case for relief, may use or authorize the use of suitable discovery procedures . . . reasonably fashioned to elicit facts necessary to help 22|| the court to ‘dispose of the matter as law and justice require.’”) (citing 28 U.S.C. § 2243). 3 * See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting the court’s “express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction”).