Eastern District of California • 1:26-cv-03146
(HC) Escalante Morales v. Warden
Completed
Case Information
Filed: April 24, 2026
Assigned to:
Daniel J. Calabretta
Referred to:
Carolyn K. Delaney
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: May 26, 2026
Last Activity:
May 26, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 24, 2026
PETITION for WRIT of HABEAS CORPUS against All Respondents by Sergio Escalante Morales. (Deputy Clerk OML) (Entered: 04/27/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 24, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Sergio Escalante Morales. (Deputy Clerk OML) (Entered: 04/27/2026)
Main Document:
Temporary Restraining Order
#3
Apr 24, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Sergio Escalante Morales. (Deputy Clerk OML) (Entered: 04/27/2026)
Main Document:
In Forma Pauperis
#4
Apr 24, 2026
MOTION for APPOINTMENT of COUNSEL by Sergio Escalante Morales. (Deputy Clerk OML) (Entered: 04/27/2026)
Main Document:
Appoint Counsel
#5
Apr 27, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 6/1/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk OML) (Entered: 04/27/2026)
#6
Apr 27, 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: 04/27/2026)
Main Document:
CONSENT/DECLINE
#7
Apr 27, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 4/27/2026: This matter is REFERRED to the assigned Magistrate Judge for all further proceedings consistent with E.D. Cal. L.R. 302(c)(17). IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 04/27/2026)
Apr 27, 2026
SERVICE BY MAIL: 7 Minute Order served on Sergio Escalante Morales. (Deputy Clerk GJM)
Apr 27, 2026
Service by Mail
Apr 27, 2026
SERVICE BY MAIL: 5 Prisoner New Case Documents served on Sergio Escalante Morales. (Deputy Clerk OML)
Apr 27, 2026
Minute Order
#8
Apr 28, 2026
FINDINGS and RECOMMENDATIONS (Text Only): Petitioner's 3 Motion to Proceed In Forma Pauperis is GRANTED. Petitioner's 4 Motion for the Appointment of Counsel is GRANTED. Within 14 (fourteen) days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to Lisa Kennison, Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney, via email at lkennison@caed.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the court hereby authorizes them to serve as Pro Hac Vice CJA counsel for Petitioner for the duration of the proceedings in this court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 700, § XV.C.1.g as applied here, the court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court shall serve a copy of this order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition upon the Federal Defender.Because Petitioner fails to demonstrate that he is likely to succeed on his claims as the claims are too vague at this point, THE COURT RECOMMENDS that Petitioner's 2 Motion for a Temporary Restraining Order be DENIED. See Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20 (2008) (in order to obtain temporary restraining order, litigant must establish, among other things, success on the merits is likely). 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 21 (twenty-one) days after being served with these findings and recommendations, Petitioner may file written objections with the court. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Petitioner is 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: 04/28/2026)
Apr 28, 2026
SERVICE BY MAIL: 8 Findings and Recommendations served on Sergio Escalante Morales. (Deputy Clerk LMK)
Apr 28, 2026
Service by Mail
Apr 28, 2026
Findings and Recommendations AND Order on Motion to Appoint Counsel AND Order on Motion to Proceed In Forma Pauperis AND ~Util - 1 Set/Reset Deadlines and Hearings
#10
May 04, 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 RRB) (Entered: 05/06/2026)
Main Document:
CONSENT/DECLINE
#11
May 13, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 5/13/2026: The court has been notified of counsel's contact information, pursuant to the Order at ECF No. 8. Attorney Lina Baroudi is hereby appointed as counsel for Petitioner. The Clerk of Court shall update the docket to reflect Attorney Lina Baroudi, 2680 S. White Road, Suite 151, San Jose, CA 95148, 408-300-2655 lina@linalaw.com, as counsel for Petitioner in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Deputy Clerk LMK) (Entered: 05/13/2026)
May 13, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#12
May 15, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Carolyn K. Delaney on 5/15/2026: Petitioner (A No. 240 398 205) is GRANTED 7 (seven) days within which to file an Amended Petition for Writ of Habeas Corpus and / or a Motion for Preliminary Injunctive Relief / Temporary Restraining Order. (Text Only Entry) (Deputy Clerk LMK) (Entered: 05/15/2026)
May 15, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#13
May 21, 2026
Amended Petition for Writ of Habeas Corpus
Main Document:
Amended Petition for Writ of Habeas Corpus
#14
May 21, 2026
Temporary Restraining Order
Main Document:
Temporary Restraining Order
#15
May 21, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 5/21/2026: The Court has reviewed Petitioner's First Amended Petition for Writ of Habeas Corpus (ECF No. 13 ) and Motion for Temporary Restraining Order (ECF No. 14 ). The issues raised in Counts 1 and 2 of the Petition appear to mirror those previously addressed by the Court in many prior cases. See Morillo v. Albarran, No. 1:25-cv-01533-DJC-AC; see also E.L.D.M. v Becerra, No. 1:25-cv-01906-DJC-JDP. The Court intends to rule directly on the 13 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 14 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 May 26, 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. Petitioner may file a reply on or before May 27, 2026. This 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 ORDER] (Deputy Clerk GJM) (Entered: 05/21/2026)
May 21, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#16
May 24, 2026
RESPONSE to 15 ORDER to SHOW CAUSE by Warden. (Yu, Jonathan) (Entered: 05/24/2026)
Main Document:
RESPONSE
#17
May 25, 2026
REPLY by Sergio Escalante Morales re 16 Response to Order to Show Cause. (Baroudi, Lina) (Entered: 05/25/2026)
Main Document:
REPLY
#18
May 26, 2026
Findings and Recommendations AND Order AND Order on Motion for TRO AND Order on Motion for TRO AND ~Util - Terminate Civil Case
Main Document:
Findings and Recommendations AND Order AND Order on Motion for TRO AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#19
May 26, 2026
Judgment
Main Document:
Judgment
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