Eastern District of California • 1:26-cv-02236

#1

Mar 23, 2026

PETITION for WRIT of HABEAS CORPUS AND REQUEST FOR INJUNCTIVE RELIEF against Warden by Kong Xiong Her. (Deputy Clerk RRB) (Entered: 03/24/2026)

Mar 23, 2026

RECEIPT number 7648 for $5.00 for filing fee from X Her. (Deputy Clerk RRB)

Mar 23, 2026

RECEIPT number 7648 for $5.00 for filing fee from X Her. (Deputy Clerk RRB) *Payment returned, GEO Services will be re-mailing payment. * Modified on 4/15/2026 (RMG).

#2

Mar 24, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 4/27/2026. (Attachments: # 1 HC - Litigant Letter) (Deputy Clerk RRB) (Entered: 03/24/2026)

#3

Mar 24, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on March 24, 2026: Before the Court is Petitioner's request for injunctive relief contained in his Petition for Writ of Habeas Corpus. (ECF No. 1 ). The Court construes this request as a motion for temporary restraining order. See Estelle v. Gamble, 429 U.S. 97, 106 (1976). Accordingly, Respondents shall file any opposition to Petitioner's motion for TRO by March 27, 2026. Any response must include Petitioner's full Form I-213, any orders of release or detention, any custody warrants or notices, and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the motion for TRO. Respondents shall also identify whether they have any objection to converting the motion for TRO into a motion for preliminary injunction and whether they request a hearing. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Pending the Court's ruling on this petition, the Court ORDERS that Respondents shall not transfer petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). The Clerk of the Court shall serve a copy of this Order together with a copy of Petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the U.S. Attorneys' Office. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 03/24/2026)

Mar 24, 2026

SERVICE BY MAIL: 3 Minute Order served on Kong Xiong Her. (Deputy Clerk MDK)

Mar 24, 2026

SERVICE BY MAIL: 2 Prisoner New Case Documents served on Kong Xiong Her. (Deputy Clerk RRB)

Mar 24, 2026

Minute Order

Mar 24, 2026

Service by Mail

#4

Mar 25, 2026

CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Anonymous) (Entered: 03/25/2026)

#5

Mar 27, 2026

RETURN/ANSWER to 1 Petition for Writ of Habeas Corpus by Warden and OPPOSITION to All Relief; OPPOSITION to Injunctive Relief. (Andrews, Anthony) Modified on 3/30/2026 (KLY). (Entered: 03/27/2026)

#6

Mar 31, 2026

Order

#7

Mar 31, 2026

CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Deputy Clerk JAW) (Entered: 04/02/2026)

Mar 31, 2026

Service by Mail

Mar 31, 2026

SERVICE BY MAIL: 6 Order and IFP form served on Kong Xiong Her. (Deputy Clerk AJB)

#8

Apr 06, 2026

Notice of Appearance

#9

Apr 06, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 4/6/2026: The court has been notified of counsel's contact information, pursuant to the Order at ECF 6 . Attorney Jan David Karowsky is hereby appointed as counsel for Petitioner <nunc pro tunc to 4/6/2026. The Clerk of Court shall update the docket to reflect Attorney Jan David Karowsky, 2701 Del Paso Road, Suite 130-276, Sacramento, CA 95835, 916-402-8223, karowskylaw@sbcglobal.net, as counsel for Petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk LMK) (Entered: 04/06/2026)

Apr 06, 2026

Minute Order

#10

Apr 09, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 9, 2026: In light of the appointment of counsel for Petitioner, Petitioner's deadline for a reply to his request for immediate injunctive relief (construed as a motion for temporary restraining order) is April 15, 2026. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 04/09/2026)

Apr 09, 2026

Minute Order

#11

Apr 13, 2026

Miscellaneous Relief

#12

Apr 13, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on April 13, 2026: Before the Court is Petitioner's Motion for Leave to File Amended Petition for Writ of Habeas Corpus. (ECF No. 11 .) Having considered the motion papers and the record in this matter, the Court finds good cause to grant leave to amend. The Court concludes that amendment is appropriate under Federal Rule of Civil Procedure 15(a)(2). The original petition was filed pro se, court-appointed counsel has since appeared for Petitioner, and the proposed amended petition will assist the Court by providing a clearer operative pleading. The Court further finds that amendment will not unduly prejudice Respondents and that granting leave will facilitate adjudication of the habeas claims. Accordingly, IT IS HEREBY ORDERED that Petitioner's Motion (ECF No. 11 ) is GRANTED. Petitioner's counsel is directed to file the Amended Petition via CM/ECF. Additionally, Petitioner requests the Amended Petition supersede the originally filed habeas petition, including the motion for temporary restraining order ("TRO"), as construed by this Court. (See ECF No. 3 .) Thus, the Court considers the motion for TRO withdrawn. The Court will rule on the Amended Petition for Writ of Habeas Corpus directly as requested. Respondents shall file any response to the Amended Petition within 3 court days of the Notice of Electronic Filing for the Amended Petition. Petitioner may file a reply within 2 court days of Respondents' response. Finally, this Court's prior Order not to transfer Petitioner, pending a ruling on the Petition, remains in effect. (ECF No. 3 .) SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 04/13/2026)

#13

Apr 13, 2026

FIRST AMENDED PETITION FOR WRIT OF HABEAS CORPUS by Kong Xiong Her Amended. (Attachments: # 1 Memorandum of Points & Authorities, # 2 Exhibits A & B)(Karowsky, Jan) Modified on 4/15/2026 (KLY). (Entered: 04/13/2026)

Apr 13, 2026

Minute Order AND Order on Motion for Miscellaneous Relief

#14

Apr 14, 2026

In Forma Pauperis

#15

Apr 16, 2026

RESPONSE by Warden to 13 First Amended Petition for Writ of Habeas Corpus and OPPOSITION to All Relief; Request to Rescind No Transfer Order. (Andrews, Anthony) Modified on 4/17/2026 (KLY). (Entered: 04/16/2026)

#16

Apr 17, 2026

REPLY in Support of 13 First Amended Petition for Writ of Habeas Corpus and OPPOSITION to 15 Request to Rescind No-Transfer Order by Kong Xiong Her. (Karowsky, Jan) Modified on 4/20/2026 (KS). (Entered: 04/17/2026)

#17

Apr 17, 2026

[DISREGARD - Filed in Wrong Case] SUPPLEMENTAL EXHIBITS in Support of 13 First Amended Petition for Writ of Habeas Corpus by Kong Xiong Her. (Karowsky, Jan) Modified on 4/20/2026 (KS). (Entered: 04/17/2026)

#18

Apr 21, 2026

STIPULATION and PROPOSED ORDER for Voluntary Dismissal Without Prejudice by Parties. (Attachments: # 1 Exhibit) (Karowsky, Jan) Modified on 4/24/2026 (KS). (Entered: 04/21/2026)

#19

Apr 21, 2026

Order on Motion to Proceed In Forma Pauperis AND Stipulation and Order AND ~Util - Terminate Civil Case