Eastern District of California • 1:26-cv-02839

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Apr 14, 2026

PETITION for WRIT of HABEAS CORPUS against All Defendants by Gagik Tonian. (Filing fee $ 5, receipt number ACAEDC-13182252) (Attachments: # 1 Civil Cover Sheet)(Jacobson, Regina) (Entered: 04/14/2026)

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Apr 15, 2026

VISITING JUDGE NEW CASE DOCUMENT ISSUED. (Deputy Clerk RMG) (Entered: 04/15/2026)

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Apr 15, 2026

EO: The court has received and reviewed Petitioner's Petition for Writ of Habeas Corpus, ECF No. 1 . Pending the court's decision on the Petition, and unless and until the court orders otherwise, 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, 604 (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"). It is not clear from the face of the Petition whether Petitioner is entitled to relief. Accordingly, under Rule 4 of the Rules Governing Section 2254 Cases -- which the court applies to this Section 2241 habeas petition, as authorized by Rule 1(b) -- the court orders the following: 1. Within fourteen days of the date of service of this order, Respondents SHALL FILE A RESPONSE to the Petition, including addressing whether this case is distinguishable from those cases in which district judges within the Eastern District of California have granted relief. See Rule 4, Rules Governing Section 2255 Cases. A Response can be made by filing (a) AN ANSWER addressing the merits of the Petition. Any argument by Respondents that Petitioner has procedurally defaulted a claim SHALL BE MADE in the ANSWER but must also address the merits of the claim asserted. Alternatively, a Response can be made by filing (b) A MOTION TO DISMISS the Petition. 2. Within fourteen days after service of this order, Respondents SHALL FILE any and all transcripts or other documents necessary for the resolution of the issues presented in the Petition. See Rule 5(c), Rules Governing Section 2254 Cases. The transcripts or other documents shall only be filed electronically and, to the extent practicable, provided in Optical Character Recognition ("OCR") format. Respondents shall not file a hard copy of the transcripts or other documents unless so ordered by this court. 3. If Respondents file an Answer to the Petition, Petitioner MAY FILE a Traverse within fourteen days of the service of Respondents' Answer. If no Traverse is filed, the Petition and Answer are deemed submitted at the expiration of the fourteen days. 4. If Respondents file a Motion to Dismiss, Petitioner SHALL FILE an Opposition or Statement of Non-Opposition within fourteen days of the date of service of Respondents' Motion. Any Reply to an Opposition to the Motion to Dismiss SHALL be filed within seven days after the Opposition has been filed in CM/ECF. The Motion to Dismiss will be deemed submitted when the time to reply has expired. 5. The Clerk of Court is DIRECTED to SERVE a copy of this order along with a copy of the Petition, via email, on the Office of the United States Attorney for the Eastern District of California at usacae.ecf2241-imm@usdoj.gov. 6. All motions shall be submitted on the record and briefs filed without oral argument unless otherwise ordered by the court. These dates should be considered as firm by all parties. If any party requires additional time, that party should file a motion for amendment of the schedule before a deadline has passed and explain in detail why the party cannot comply with this schedule. Extensions of time will only be granted upon a showing of good cause. All provisions of Local Rule 110 are applicable to this order. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 04/15/2026)

Apr 15, 2026

SERVICE BY EMAIL: A PDF copy of Dkt. No. 1 Petition for Writ of Habeas Corpus and Dkt. No. 3 Minute Order was served by email on the Office of the United States Attorney for the Eastern District of California at usacae.ecf2241-imm@usdoj.gov on April 15, 2026 (Deputy Clerk AB)

Apr 15, 2026

Minute Order

Apr 15, 2026

Service by Mail

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Apr 19, 2026

Temporary Restraining Order

Apr 20, 2026

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

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Apr 25, 2026

Answer to Petition for Writ of Habeas Corpus

May 06, 2026

Minute Order