Southern District of New York • 1:26-cv-00711

#1

Jan 13, 2026

PETITION for Writ of Habeas Corpus filed by Francisco Fabelo.(nas ) (Main Document 1 replaced on 1/22/2026) (nas, ). [Transferred from New York Northern on 1/28/2026.] (Entered: 01/22/2026)

#2

Jan 13, 2026

MOTION for Leave to Proceed in forma pauperis filed by Francisco Fabelo(nas) [Transferred from New York Northern on 1/28/2026.] (Entered: 01/22/2026)

#3

Jan 22, 2026

ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that petitioner's IFP Application is DENIED as incomplete. ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that if petitioner wants to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either: (1) pay the court's filing fee of five dollars ($5.00); or (2) submit a completed and signed IFP Application that has been certified by an appropriate prison official at his facility. Signed by Chief Judge Brenda K. Sannes on January 22, 2026. {order and blank ifp form served via regular mail on petitioner}(nas) [Transferred from New York Northern on 1/28/2026.] (Entered: 01/22/2026)

#4

Jan 23, 2026

MOTION for Leave to Proceed in forma pauperis filed by Francisco Fabelo, Jr(nas) [Transferred from New York Northern on 1/28/2026.] (Entered: 01/28/2026)

#5

Jan 28, 2026

TEXT ORDER REOPENING CASE: This action was administratively closed due to petitioner's failure to comply with the filing fee requirements, and petitioner was directed to respond to the Order if s/he wished to pursue this action. Petitioner has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by Chief Judge Brenda K. Sannes on January 28, 2026. {text order served via regular mail on petitioner}(nas ) [Transferred from New York Northern on 1/28/2026.] (Entered: 01/28/2026)

#6

Jan 28, 2026

TEXT ORDER: Petitioner seeks federal habeas relief, pursuant to § 28 U.S.C. 2241, challenging his unlawful custody in Orange County Correctional Facility. "Whenever a § 2241 habeas petitioner seeks to challenge his present physical custody within the United States, he should... file the petition in the district of confinement." Rumsfeld v. Padilla, 542 U.S. 426, 447 (2004). Orange County Correctional Facility is located in Orange County, New York, in the Southern District of New York ("Southern District"). See 28 U.S.C. § 112(b). Consequently, the action shall be transferred to the Southern District and, given the significant liberty interests at stake and the time-sensitivity of petitioner's claims, this Court waives the seven-day waiting period customarily afforded under the Local Rules and respectfully directs the Clerk to effectuate the transfer as soon as possible. SO ORDERED by Magistrate Judge Therese Wiley Dancks on January 28, 2026. {text order served via regular mail on petitioner}(nas) [Transferred from New York Northern on 1/28/2026.] (Entered: 01/28/2026)

#7

Jan 28, 2026

CASE TRANSFERRED IN from the United States District Court - District of New York Northern; Case Number: 9:26-cv-00063. Original file certified copy of transfer order and docket entries received. (Entered: 01/28/2026)

#8

Jan 28, 2026

STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (vba) (Entered: 01/28/2026)

Jan 28, 2026

Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vba)

Jan 28, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge George B. Daniels. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(vba)

Jan 28, 2026

Case Designated ECF. (vba)

Jan 28, 2026

CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see Rule 9.2 of the courts ECF Rules & Instructions for further information..(vba)

Jan 28, 2026

Order

Jan 28, 2026

Case Opening Initial Assignment Notice - Transfer Case

Jan 28, 2026

Note Regarding Service on Self-Represented Party

#9

Jan 29, 2026

Order to Answer, 28 U.S.C. 2241

#10

Jan 29, 2026

FRCP 4 Service Package - Mailed

Jan 29, 2026

Mailing Receipt

#11

Jan 30, 2026

Extension of Time

#12

Feb 02, 2026

Notice of Appearance

#13

Feb 02, 2026

Order on Motion for Extension of Time

#14

Feb 02, 2026

Letter

Feb 02, 2026

Set/Reset Deadlines: United States Department of Justice and Homeland Security answer due 2/3/2026. Replies due by 2/13/2026. (ks)

Feb 03, 2026

MAILING RECEIPT: Document No: 13. Mailed to: Francisco Fabelo Jr. A21-784-076 Orange County Jail 110 Wells Farm Road Goshen, NY 10924. (ml)

Feb 03, 2026

Mailing Receipt

#15

Feb 04, 2026

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Kathy Manley on behalf of Francisco Fabelo, Jr.(Manley, Kathy) (Entered: 02/04/2026)

#16

Feb 05, 2026

Memorandum of Law in Opposition (non-motion)

#17

Feb 05, 2026

Response (non-motion)

#18

Feb 05, 2026

Response (non-motion)

#19

Feb 10, 2026

Extension of Time

#20

Feb 11, 2026

Order on Motion for Extension of Time