Western District of Pennsylvania • 3:26-cv-00089
Perez Garcia v. Warden, Moshannon Valley ICE Processing Center
Completed
Case Information
Filed: January 23, 2026
Assigned to:
J. Nicholas Ranjan
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Pretrial Detainee)
Completed: April 21, 2026
Last Activity:
April 21, 2026
Parties:
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Docket Entries
#1
Jan 21, 2026
PETITION for Writ of Habeas Corpus lodged as no filing fee was paid and no Motion for In Forma Pauperis was filed, filed by Mailaine Arianna Perez Garcia, Liosvanis Martinez Clemente. (Attachments: # 1 Declaration of Liosvanis Martinez Clemente) (ea) (Entered: 01/22/2026)
Main Document:
PETITION
#2
Jan 22, 2026
MOTION for Immediate Release by Liosvanis Martinez Clemente, Mailaine Arianna Perez Garcia. (Attachments: # 1 Exhibits) (ea) (Entered: 01/22/2026)
Main Document:
MOTION
#3
Jan 22, 2026
MOTION to Expedite Consideration of Petition and Pending Motions by Liosvanis Martinez Clemente, Mailaine Arianna Perez Garcia. (ea) (Entered: 01/22/2026)
Main Document:
MOTION
#4
Jan 22, 2026
PRO SE LETTER ISSUED providing the case number and the AO 85 Notice & Consent Form. (Attachments: # 1 AO 85 Notice & Consent Form, # 2 Excerpts of Local and Federal Rules) (ea) (Entered: 01/22/2026)
Main Document:
PRO
#5
Jan 23, 2026
ORDER TRANSFERRING CASE - IT IS HEREBY ORDERED that the petition for writ of habeas corpus filed under 28 U.S.C. § 2241 is TRANSFERRED to the United States District Court for the Western District of Pennsylvania. The Clerk of Court shall to CLOSE this case. Signed by Chief Judge Matthew W. Brann on 1/23/2026. (ea) (Entered: 01/23/2026)
#6
Jan 23, 2026
Case transferred in from District of Pennsylvania Middle; Case Number 4:26-cv-00135. Original file with documents numbered 1 - 5, certified copy of transfer order and docket sheet received. (Entered: 01/23/2026)
Main Document:
Case
Jan 23, 2026
Judge J. Nicholas Ranjan added. (ert)
#7
Jan 27, 2026
NOTICE of Substitution of Attorney Appearance by Donovan Cocas on behalf of WARDEN, MOSHANNON VALLEY ICE PROCESSING CENTER. Attorney Richard D Euliss and Timothy S. Judge terminated. (Cocas, Donovan) (Entered: 01/27/2026)
Main Document:
NOTICE
#8
Feb 10, 2026
RESPONSE to 3 Motion to Expedite, 1 Petition for Writ of Habeas Corpus, 2 Motion for Miscellaneous Relief, filed by WARDEN, MOSHANNON VALLEY ICE PROCESSING CENTER. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit) (Cocas, Donovan) (Entered: 02/10/2026)
Main Document:
RESPONSE
#9
Feb 11, 2026
CLERK'S REQUEST FOR CORRECTIVE ACTION re 1 Lodged Habeas Petition. The Clerk of Court hereby notifies you that your habeas petition was filed without the $5 filing fee or a completed IFP application to waive the fee. Your case will be administratively closed until the Clerk of Court receives your filing fee or completed IFP application. More information can be found at the Courts website: https://www.pawd.uscourts.gov/. (pak) (Entered: 02/11/2026)
Feb 11, 2026
Order for Administrative Case Closing
#10
Mar 31, 2026
Proceed In Forma Pauperis
Main Document:
Proceed In Forma Pauperis
#11
Apr 01, 2026
Case Management Order AND ~Util - Case Reopened AND ~Util - Terminate Motions
Main Document:
Case Management Order AND ~Util - Case Reopened AND ~Util - Terminate Motions
#12
Apr 01, 2026
RESPONSE to 11 Case Management Order,, Case Reopened,, Terminate Motions,, filed by WARDEN, MOSHANNON VALLEY ICE PROCESSING CENTER. (Cocas, Donovan) (Entered: 04/01/2026)
Main Document:
RESPONSE
#13
Apr 02, 2026
Petition for Writ of Habeas Corpus (for Clerk of Court personnel only)
Main Document:
Petition for Writ of Habeas Corpus (for Clerk of Court personnel only)
#14
Apr 21, 2026
ORDER DISMISSING WITHOUT PREJUDICE 13 Petition for Habeas Corpus. The petition fails as an improper "next friend" petition, and so the Court lacks jurisdiction to consider it. A "next friend" of Petitioner's must meet several requirements to have standing to "pursue[] the cause on behalf of the detained person." Whitmore v. Arkansas, 495 U.S. 149, 163 (1990). First, a "next friend" holds the burden to "provide an adequate explanation" for why the real party cannot file on his or her own behalf. See id. (noting "inaccessibility, mental incompetence, or other disability" as adequate). Incarceration alone is not a good enough reason. See Klingensmith by Klingensmith v. Pennsylvania, No. CV 25-1802, 2025 WL 3251199, at *1 (W.D. Pa. Nov. 21, 2025) (Horan, J.). Second, a "next friend" typically "must have some significant relationship with the real party" such that the "next friend" is "truly dedicated to the best interests" of the real party. Whitmore, 495 U.S. at 16364. Third, "[a] non-attorney cannot represent another party, even if acting as a next friend." In other words, the next friend can essentially operate as a power of attorney and retain an attorney on behalf of the petitioner, but cannot proceed pro se. Schlemmer v. Cent. Intel. Agency, 804 F. Appx 127, 128 n.2 (3d Cir. 2020) (per curiam). Because at least certain of these requirements have not been met here, the petition is dismissed without prejudice. Signed by Judge J. Nicholas Ranjan on 4/21/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 04/21/2026)
Apr 21, 2026
Order AND ~Util - Terminate Civil Case
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