Western District of New York • 6:26-cv-06235

#1

Feb 23, 2026

PETITION for Writ of Habeas Corpus, filed by Hermilindo Babaka. (Attachments: # 1 Civil Cover Sheet, # 2 Envelope) (JHF) (Entered: 02/23/2026)

#2

Feb 23, 2026

MOTION for Leave to Proceed in forma pauperis by Hermilindo Babaka. (JHF) (Entered: 02/23/2026)

Feb 23, 2026

Prisoner Pro Se Packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge and Civil Case Timeline mailed to petitioner. (JHF)

Feb 23, 2026

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (JHF)

#3

Feb 24, 2026

TEXT ORDER re. 2 . Petitioner, who has been detained at the Buffalo Federal Detention Facility since November 15, 2025, filed a petition pro se for a writ of habeas corpus pursuant to 8 U.S.C. 2241, on February 23, 2026, seeking his release from custody, and also filed a motion to proceed in forma pauperis ("IFP") in lieu of paying the $5.00 filing fee. Petitioner's IFP motion, ECF No. 2, is DENIED WITHOUT PREJUDICE. Despite alleging in his petition that he "has a full-time job" in the United States, his IFP motion claims that he has no job, no source of income, and $0.00 in cash on-hand or in any bank account. Further, questions 9 through 12 of the Court's form IFP application were left incomplete. The Clerk of Court shall administratively terminate this action without filing the petition or assessing a filing fee. If Petitioner wishes to reopen this case, he must notify the Court in writing within 30 days of the date of this Order and must include either (1) payment of the $5.00 filing fee; or (2) a renewed IFP motion that is complete and accurately reflects his circumstances. Upon timely receipt of either of the above, the Clerk of Court shall reopen this case without further order, and the Court will issue a briefing schedule on the petition. If Petitioner fails to submit either the $5.00 filing fee or a complete and accurate IFP motion within 30 days, the Clerk of Court shall dismiss the petition without prejudice, without further order. SO ORDERED. Signed by Hon. Meredith A. Vacca on 2/24/26. (NWA)This was mailed to Petitioner, along with an application to proceed in forma pauperis form.Clerk to Follow up (Entered: 02/24/2026)