Whyam Karlvin Jno Phillip v. Christopher Chestnut

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

WHYAM KARLVIN JNO PHILLIP, Case No. 1:26-cv-03943-KES-SAB-HC

Petitioner, ORDER TO RESPOND

v. ORDER SETTING BRIEFING SCHEDULE

ORDER TO ELECTRONICALLY FILE Respondent. TRANSCRIPTS AND OTHER NECESSARY DOCUMENTS Petitioner is a federal immigration detainee proceeding pro se with a petition for 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 TWENTY-ONE (21) days of the date of service of this order, Respondent SHALL FILE a RESPONSE to the Petition, including addressing whether this case is distinguishable from those cases in which this Court has granted habeas relief. See Rule 4, Rules Governing Section 2254 Cases; Cluchette v. Rushen, 770 F.2d 1469, 1473–74 (9th Cir. 1985) (court has

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 discretion to fix time for filing a response).2 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. 2. Within TWENTY-ONE (21) days of the date of service of this order, Respondent SHALL FILE all relevant portions of Petitioner’s Alien File and any and all other documentation relevant to the determination of the issues raised in the Petition, including Form I-213 and Form I-200. See Rule 5(c), Rules Governing Section 2254 Cases. The 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 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 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 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. /// 2 See also Schwarz v. Meinberg, 478 F. App’x 394, 395 (9th Cir. 2012) (rejecting petitioner’s contention that district ] All motions shall be submitted on the record and briefs filed without oral argument unless otherwise ordered by the Court. Local Rule 230(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. *rtsso onneneD DFA (Be Dated: _ May 27, 2026 STANLEY A. BOONE United States Magistrate Judge 1]