Eastern District of California • 1:26-cv-02724

#1

Apr 10, 2026

PETITION for WRIT of HABEAS CORPUS against Warden by Pedro Miguel Gonzalez. (Deputy Clerk JAW) (Entered: 04/10/2026)

#2

Apr 10, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Pedro Miguel Gonzalez. (Deputy Clerk JAW) (Entered: 04/10/2026)

#3

Apr 10, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Pedro Miguel Gonzalez. (Deputy Clerk JAW) (Entered: 04/10/2026)

#4

Apr 10, 2026

MOTION to APPOINT COUNSEL by Pedro Miguel Gonzalez. (Deputy Clerk JAW) (Entered: 04/10/2026)

#5

Apr 10, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 5/14/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk JAW) (Entered: 04/10/2026)

#6

Apr 10, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 4/10/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 3 ). The issues raised in the Petition appear to mirror those previously addressed by the Court in many prior cases. See Garcia Mariagua v. Chestnut, No. 1:25-cv-01744-DJC-CSK; Ortega v. Noem, No. 1:25-cv-01663-DJC-CKD; Lopez v. Lyons, No. 2:25-cv-03174-DJC-CKD. The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 3 motion for temporary restraining order. 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."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before April 15, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. The Clerk of the Court shall serve a copy of this Order together with a copy of Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 and the motion on the United States Attorney. Counsel for Respondents shall promptly enter notices of appearance. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 04/10/2026)

Apr 10, 2026

Service by Mail

Apr 10, 2026

SERVICE BY MAIL: 6 Minute Order served on Pedro Miguel Gonzalez. (Deputy Clerk GJM)

Apr 10, 2026

SERVICE BY MAIL: 5 Prisoner New Case Documents served on Pedro Miguel Gonzalez. (Deputy Clerk JAW)

Apr 10, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#7

Apr 12, 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: 04/12/2026)

#8

Apr 12, 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: 04/12/2026)

#9

Apr 13, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorney Audrey Benison Hemesath, GOVT terminated. (Hemesath, Audrey) (Entered: 04/13/2026)

#10

Apr 14, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Warden. Attorney Melissa K. Lott, GOVT terminated. (Yu, Jonathan) (Entered: 04/14/2026)

#11

Apr 15, 2026

RESPONSE to 6 Minute Order, OPPOSITION to 3 Motion for Temporary Restraining Order, and ANSWER to 1 Petition for Writ of Habeas Corpus by Warden. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Yu, Jonathan) Modified on 4/27/2026 (HAH). (Entered: 04/15/2026)

#12

Apr 17, 2026

MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 4/17/2026: On April 10, 2026, Petitioner filed a Motion for Temporary Restraining Order (ECF No. 3 .) Based on the information provided in the Respondents' Opposition (ECF No. 11 ), the Court finds Petitioner has not established a likelihood of success on the merits. As such, Petitioner's Motion for Temporary Restraining Order (ECF No. 3 ) is DENIED. This matter is REFERRED to the assigned Magistrate Judge for all further proceedings. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 04/17/2026)

Apr 17, 2026

Service by Mail

Apr 17, 2026

SERVICE BY MAIL: 12 Minute Order served on Pedro Miguel Gonzalez. (Deputy Clerk GJM)

Apr 17, 2026

Minute Order AND Order on Motion for TRO

#13

Apr 20, 2026

MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 4/20/2026: Petitioner (A No. 244 013 640) is GRANTED 30 (thirty) days within which to file a traverse at which point the 1 Petition for a Writ of Habeas Corpus will stand submitted. Respondent shall notify the court if and when Petitioner is removed to Venezuela. Petitioner's 2 Motion for Leave to Proceed In Forma Pauperis is GRANTED. (Text Only Entry) (Deputy Clerk LMK) (Entered: 04/20/2026)

Apr 20, 2026

Service by Mail

Apr 20, 2026

SERVICE BY MAIL: 13 Minute Order served on Pedro Miguel Gonzalez. (Deputy Clerk LMK)

Apr 20, 2026

Minute Order AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings

#14

May 18, 2026

Notice (Other)

#15

May 26, 2026

FINDINGS and RECOMMENDATIONS (Text Only): Petitioner (A No. 244 013 640) has filed a 4 Motion for the Appointment of counsel. There currently exists no absolute right to appointment of counsel in habeas proceedings. See Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, 18 U.S.C. § 3006A authorizes the appointment of counsel at any stage of the case "if the interests of justice so require." See Rule 8(c), Fed. R. Governing § 2254 Cases. In the present case, the court does not find that the interests of justice would be served by the appointment of counsel at the present time. Therefore, Petitioner's 4 Motion to Appoint Counsel is DENIED. Respondents have submitted evidence that Petitioner has been removed, that being the case IT IS HEREBY RECOMMENDED that Petitioner's 1 Petition for a Writ of Habeas Corpus be DENIED as moot. These Findings and Recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 (fourteen) days after being served with these Findings and Recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any response to the objections shall be served and filed within 14 (fourteen) days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Deputy Clerk LMK) (Entered: 05/26/2026)

May 26, 2026

Service by Mail

May 26, 2026

Findings and Recommendations AND Order on Motion to Appoint Counsel AND ~Util - 1 Set/Reset Deadlines and Hearings

May 26, 2026

SERVICE BY MAIL: 15 Findings and Recommendations served on Pedro Miguel Gonzalez. (Deputy Clerk LMK)