The district court denied Patrick A. Cannavan’s motion to proceed in forma pauperis on appeal, certified that his appeal is not taken in good faith, and directed notice to the Ninth Circuit so he must seek further authorization from the court of appeals.
Magistrate Judge Allison Claire recommends granting Amandeep Singh Atwal’s habeas petition on his INA claim and directing his immediate release because the government did not establish mandatory-detention authority or provide the procedures required for his interior arrest under 8 U.S.C. § 122
The district court denied the plaintiff’s motion to proceed in forma pauperis on appeal, certified that the appeal is not taken in good faith under 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24(a)(3)(A), and directed the clerk to notify the Ninth Circuit.
The court denied without prejudice a pro se immigration detainee’s motion for appointment of counsel in a 28 U.S.C. § 2241 habeas proceeding, finding the petitioner able to articulate claims adequately and the interests of justice not requiring counsel at present.
The Eastern District of California found it unclear from the face of Francisco Rodriguez’s § 2241 petition whether he was entitled to relief and ordered the warden to respond, file necessary records electronically, and follow a structured briefing schedule.
A federal magistrate judge recommended that a prisoner with three prior qualifying dismissals be ordered to pay the full $405 filing fee because his complaint about a past prison disciplinary placement did not allege imminent danger of serious physical injury.
The court granted the amended application for appointment of a guardian ad litem and appointed Macy McCoy as guardian ad litem for minor plaintiff Z.T. in this action.
The court dismissed without prejudice a first amended § 2241 petition challenging prolonged immigration detention under § 1226(a), holding that the record does not show the detention exceeds the period reasonably necessary to effectuate removal while BIA appeals on bond and removal are pending.
A magistrate judge recommends granting a § 2241 habeas petition and ordering the immediate release of a Nicaraguan national detained by ICE after his humanitarian parole expired, finding that his re-arrest without pre-deprivation notice and a bond hearing violated his Fifth Amendment due process rig
Magistrate Judge Daniel S. Roberts entered a stipulated protective order defining “CONFIDENTIAL” material, setting designation and challenge procedures, limiting disclosure to specified recipients, and requiring return or destruction of protected material within 60 days after final dispo
The court found the pro se § 2241 petition insufficient because the petitioner failed to allege when a removal order was entered, making it impossible to assess whether detention had become unconstitutionally prolonged; the court granted 30 days to amend and ordered the respondent not to transfer th
A magistrate judge recommends granting Juan Manuel Brito Morales’s habeas petition and ordering his immediate release because binding Ninth Circuit precedent places his interior immigration detention under § 1226(a), while separately denying his request for appointed counsel without prejudice.
The court directed the Clerk to close the case after the pro se immigration detainee filed a notice of voluntary dismissal before the respondent served an answer or summary judgment motion, making the dismissal effective upon filing under Federal Rule of Civil Procedure 41(a)(1)(A)(i).
The Eastern District of California granted an immigration detainee’s habeas petition and ordered his immediate release, holding that re-detention of a noncitizen previously released under 8 U.S.C. § 1226(a) without a bond hearing at which the government bears the burden of proof violates due p
A magistrate judge recommended dismissing a pro se plaintiff’s first amended complaint without further leave to amend because it failed to comply with Rule 8, asserted no clear basis for federal jurisdiction, and appeared time-barred.
The Eastern District of California adopted a magistrate judge’s findings and recommendations, dismissed Deion Griffin’s Section 2254 habeas action without prejudice for failure to prosecute and comply with court orders, and declined to issue a certificate of appealability.
A federal magistrate judge recommends dismissing a homeless plaintiff’s Second Amended Complaint without further leave to amend because it repeats the same defects identified in an earlier screening order and fails to state Section 1983 claims against officers or the county sheriff’s off
The Eastern District of California adopted the magistrate judge’s findings and recommendations in full, dismissed Scott Keith Ernst’s amended § 2254 petition without leave to amend as time-barred, and declined to issue a certificate of appealability.
The court granted reconsideration of its partial-summary-judgment ruling, finding information about the incident-to rule material to probable cause but leaving deliberate omission and the affidavit’s overall effect for the jury.
Chief Judge Troy L. Nunley entered a standing order in all § 2241 immigration habeas cases assigned to him prohibiting respondent transfers of petitioners out of the Eastern District of California, referring matters to magistrate judges unless a TRO motion is filed, and mandating a two-court-day ans
The district court adopted the magistrate judge’s amended findings and recommendations, granted the habeas petition, and ordered the immediate release of petitioner Mateo Jose-Gomez from immigration custody with conditions, requiring a pre-deprivation bond hearing before any re-detention under
A magistrate judge denied Curtis Lee Henderson, Sr.’s default motion as to Lopez, Gill, and Arce, ordered the clerk to enter default against Beresouskaya, and recommended denying Gill’s and Arce’s dismissal motions while quashing service and allowing corrected service documents.
The district court adopted the magistrate judge’s findings and recommendations in full, granted the petition for writ of habeas corpus, and ordered respondents to immediately release petitioner Marvin A.M. from custody.
A magistrate judge recommends dismissing the action without prejudice after the plaintiff failed to respond to a motion to dismiss and then ignored a court order to show cause why sanctions should not be imposed.