(HC)Gramajo Lopez v. Garland ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 HECTOR GRAMAJO LOPEZ, Case No. 1:22-cv-00531-SAB-HC 11 Petitioner, ORDER TO RESPOND 12 v. ORDER SETTING BRIEFING SCHEDULE 13 MERRICK GARLAND, et al., ORDER TO ELECTRONICALLY FILE 14 Respondents. TRANSCRIPTS AND OTHER NECESSARY DOCUMENTS 15 Petitioner, represented by counsel, is an immigration detainee proceeding with a petition 16 for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner moves for a temporary 17 restraining order and seeks habeas relief on the ground that he has been detained since 18 September 2021 without being afforded a bond hearing, in violation of the Fifth and Eighth 19 Amendment. (ECF Nos. 1, 2). 20 The Court has conducted a preliminary review of the Petition. It is not clear from the face 21 of the Petition whether Petitioner is entitled to relief. 28 U.S.C. § 2243. Accordingly, pursuant to 22 Rule 4 of the Rules Governing Section 2254 Cases,1 the Court HEREBY ORDERS: 23 1. Within FOURTEEN (14) days of the date of service of this order, Respondent 24 SHALL FILE a RESPONSE to the Motion for Temporary Restraining Order 25 (ECF No. 2). 26 27 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 1 2. Petitioner MAY FILE a Reply to the Response within SEVEN (7) days after the 2 Response to the Motion for Temporary Restraining Order is served. Thereafter, 3 the Court will set a hearing if necessary. 4 3. Within SIXTY (60) days of the date of service of this order, Respondent SHALL 5 FILE a RESPONSE to the Petition. See Rule 4, Rules Governing Section 2254 6 Cases; Cluchette v. Rushen, 770 F.2d 1469, 1473–74 (9th Cir. 1985) (court has 7 discretion to fix time for filing a response). A Response can be made by filing one 8 of the following: 9 A. AN ANSWER addressing the merits of the Petition. Any argument 10 by Respondent that Petitioner has procedurally defaulted a claim SHALL 11 BE MADE in the ANSWER, but must also address the merits of the claim 12 asserted. 13 B. A MOTION TO DISMISS the Petition. 14 4. Within SIXTY (60) days of the date of service of this order, Respondent SHALL 15 FILE any and all transcripts or other documents necessary for the resolution of the 16 issues presented in the Petition. See Rule 5(c), Rules Governing Section 2254 17 Cases. The transcripts or other documents shall only be filed electronically 18 and, to the extent practicable, provided in Optical Character Recognition 19 (“OCR”) format. Respondent shall not file a hard copy of the transcripts or 20 other documents unless so ordered by this Court. 21 5. If Respondent files an Answer to the Petition, Petitioner MAY FILE a Traverse 22 within THIRTY (30) days of the date Respondent’s Answer is filed with the 23 Court. If no Traverse is filed, the Petition and Answer are deemed submitted at 24 the expiration of the thirty days. 25 6. If Respondent files a Motion to Dismiss, Petitioner SHALL FILE an Opposition 26 or Statement of Non-Opposition within TWENTY-ONE (21) days of the date of 27 service of Respondent’s Motion. Any Reply to an Opposition to the Motion to 1 been filed in CM/ECF., The Motion to Dismiss will be deemed submitted when 2 the time to reply has expired. See Local Rule 230()). 3 7. Respondent SHALL COMPLETE and RETURN to the Court within THIRTY 4 (30) days a Consent/Decline form indicating whether Respondent consents or 5 declines to consent to the jurisdiction of a United States Magistrate Judge 6 pursuant to Title 28 U.S.C. § 636(c)(1). 7 Extensions of time will only be granted upon a showing of good cause. All provisions of 8 | Local Rule 110 are applicable to this order. 9 10 IT IS SO ORDERED. FA. ee 11 | Dated: _ May 6, 2022 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28