District of Arizona • 2:26-cv-01937

Diaz v. Unknown Party

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Case Information

Filed: March 20, 2026
Assigned to: John Joseph Tuchi
Referred to: Michael T. Morrissey
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity: June 24, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 20, 2026
PETITION for Writ of Habeas Corpus (Fed/2241) filed by Jose Luis Nava Diaz. (21 Pages and Envelope) (Attachments: # 1 Envelope)(KLG) (Entered: 03/20/2026)
Main Document: Petition for Writ of Habeas Corpus (Fed/2241)
#2
Mar 20, 2026
APPLICATION for Leave to Proceed In Forma Pauperis by Jose Luis Nava Diaz. (3 Pages) (KLG) (Entered: 03/20/2026)
Main Document: Proceed In Forma Pauperis
#3
Mar 20, 2026
MEMORANDUM of Law in Support of 1 Petition for Writ of Habeas Corpus (Fed/2241) by Petitioner Jose Luis Nava Diaz. (3 Pages) (KLG) (Entered: 03/20/2026)
Main Document: Memorandum
#4
Mar 20, 2026
NOTICE OF ASSIGNMENT (Attachments: # 1 Instructions) (KLG) (Entered: 03/20/2026)
Main Document: Notice of Assignment
#5
Apr 01, 2026
ORDER: Petitioner's Application to Proceed In Forma Pauperis 2 is denied. Within 30 days of the date this Order is filed, Petitioner must either pay the $5.00 filing fee or file a complete Application to Proceed In Forma Pauperis. If Petitioner fails to either pay the $5.00 filing fee or file a complete Application to Proceed In Forma Pauperis within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Petitioner and deny any pending unrelated motions as moot. Respondents Immigration and Customs Enforcement Phoenix and Orlando Field Office Directors are dismissed. The Clerk of Court must substitute Luis Rosa, Jr., for Respondent Facility Administrator of the Florence Detention Center; Todd Lyons for Respondent Johnson; and Markwayne Mullin for Respondent Noem. The Clerk of Court must serve a copy of the Summons, the Petition 1, the Memorandum in Support 3, and this Order upon the United States Attorney for the District of Arizona by certified mail addressed to the civil process clerk at the office of the United States Attorney pursuant to Rule 4(i)(1)(A) of the Federal Rules of Civil Procedure. The Clerk of Court must also send by certified mail a copy of the Summons, the Petition, the Memorandum in Support, and this Order to the United States Attorney General pursuant to Rule 4(i)(1)(B) and to Respondent pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure. The Clerk of Court must immediately transmit by email a copy of this Order, the Petition, and the Memorandum in Support to the United States Attorney for the District of Arizona, to the attention of Melissa Kroeger at melissa.kroeger@usdoj.gov, Lon Leavitt at lon.leavitt@usdoj.gov, Theo Nickerson at Theo.Nickerson2@usdoj.gov, Dina Anagnopoulos at Dina.Anagnopoulos@usdoj.gov, and Mary Finlon at Mary.Finlon@usdoj.gov. This matter is referred to Magistrate Judge Michael T. Morrissey pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report and recommendation. See document for complete details. Signed by Judge John J Tuchi on 4/1/2026. (KLG) (Entered: 04/01/2026)
Main Document: Order AND ~Util - Set Deadlines AND ~Util - Terminate Motions
#6
Apr 01, 2026
Summons Issued as to Todd M Lyons, Markwayne Mullin, Luis Rosa, Jr, U.S. Attorney. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(KLG). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/01/2026)
Main Document: Summons Issued
#8
Apr 06, 2026
Mail Returned as Undeliverable. Mail sent to Jose Luis Nava Diaz. Reason for return: Return to Sender - Not Deliverable as Addressed - Unable to Forward. Document number 4 . (KLG) (Entered: 04/08/2026)
Main Document: Mail Returned
#9
Apr 09, 2026
SERVICE EXECUTED : Certified Mail Receipt re: Petition, Order, Summons upon Luis Rosa, Jr. on 4/6/2026. (KLG) (Entered: 04/13/2026)
Main Document: Service Executed
#10
Apr 10, 2026
SERVICE EXECUTED : Certified Mail Receipt re: Petition, Order, Summons upon US Attorney - Civil Processing Clerk on 4/7/2026. (KLG) (Entered: 04/15/2026)
Main Document: Service Executed
#11
Apr 22, 2026
Response to Habeas Petition (Fed/2241)
Main Document: Response to Habeas Petition (Fed/2241)
#12
Apr 22, 2026
Response to Habeas Petition (Fed/2241)
Main Document: Response to Habeas Petition (Fed/2241)
#13
Apr 29, 2026
Service Executed
Main Document: Service Executed
#14
May 20, 2026
REPORT AND RECOMMENDATION: IT IS RECOMMENDED that Petitioner's Petition Under 28 U.S.C. § 2241 and a Memorandum in Support challenging his immigration detention (Docs. 1 , 3 ) be DENIED and DISMISSED as moot.This recommendation is not a n order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court's judgment. The parties sh all have fourteen days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. Thereafter, the parties have fourteen days within which to file a response to the objections. Failure ti mely to file objections to the Magistrate Judge's Report and Recommendation may result in the acceptance of the Report and Recommendation by the district court without further review. See document for complete details. Signed by Magistrate Judge Michael T Morrissey on 5/20/2026. (KLG)
Main Document: Report and Recommendation
#15
Jun 02, 2026
Mail Returned
Main Document: Mail Returned
#16
Jun 09, 2026
ORDER adopting the R&R at Doc. 14 . IT IS FURTHER ORDERED denying and dismissing as moot the Petition Under 28 U.S.C. § 2241 (Doc. 1 ). The Clerk of Court may terminate this matter. See document for complete details. Signed by Judge John J Tuchi on 6/9/2026. (KLG)
Main Document: Order Adopting Report and Recommendation
#17
Jun 09, 2026
Clerks Judgment
Main Document: Clerks Judgment
#18
Jun 10, 2026
Service Executed
Main Document: Service Executed
#19
Jun 24, 2026
Mail Returned
Main Document: Mail Returned

Parties

Diaz
Party
Unknown Party
Party