Eastern District of California • 1:26-cv-02256

#1

Mar 24, 2026

Petition for Writ of Habeas Corpus

#2

Mar 24, 2026

In Forma Pauperis

#3

Mar 24, 2026

Temporary Restraining Order

#4

Mar 24, 2026

Appoint Counsel

#5

Mar 24, 2026

MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 3/24/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 3 Motion for a Temporary Restraining Order. In that Motion, Petitioner states he was detained on 11/6/2025, over 120 before filing that Motion. Petitioner does not explain why he did not seek injunctive relief sooner. Notably, Local Rule 231(b) states: "In considering a motion for a temporary restraining order, the Court will consider whether the applicant could have sought relief by motion for preliminary injunction at an earlier date without the necessity for seeking last-minute relief by motion for temporary restraining order." Because Petitioner's 3 Motion for a Temporary Restraining Order is untimely, the court will CONVERT that Motion to a 3 Motion for Preliminary Injunction. Further, the court has previously addressed the legal issues raised by Count One of the 1 Petition. See e.g., Selis Tinoco v. Noem, 1:25-cv-01762-DC-JDP, 2025 WL 3567862 (E.D. Cal. Dec. 14, 2025), Labrador-Prato v. Noem, 1:25-cv-01598-DC-SCR, 2025 WL 3458802 (E.D. Cal. Dec. 2, 2025), and D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026). The court is contemplating ruling directly on the Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for a Preliminary Injunction. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 3 Motion for Preliminary Injunction by 3/27/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from the court's prior orders listed above. Petitioner may file a Reply by 4/10/2026. Both parties should address whether they oppose the court ruling directly on the Petition, albeit as to Count One only, to the extent a ruling on that Count entitles Petitioner to the relief sought in the Petition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 03/24/2026)

Mar 24, 2026

Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings

Mar 24, 2026

SERVICE BY MAIL: Minute Order, filed at Doc. No. 5, served on Robinson Daniel Diaz Durango. (Text Only Entry) (Deputy Clerk CRS)

Mar 24, 2026

Service by Mail