Eastern District of California • 1:26-cv-03404
(HC) Rivera Gutierrez v. Warden California City
Active
Case Information
Filed: May 04, 2026
Assigned to:
Jennifer L. Thurston
Referred to:
Erica Grosjean
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
July 01, 2026
Parties:
View All Parties →
Docket Entries
#1
May 04, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden California City Correctional Center by Jimmy Hendry Rivera Gutierrez. (Deputy Clerk RRB) (Entered: 05/05/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 04, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Jimmy Hendry Rivera Gutierrez. (Deputy Clerk RRB) (Entered: 05/05/2026)
Main Document:
In Forma Pauperis
#3
May 04, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Jimmy Hendry Rivera Gutierrez. (Deputy Clerk RRB) (Entered: 05/05/2026)
Main Document:
Temporary Restraining Order
#4
May 04, 2026
MOTION to APPOINT COUNSEL by Jimmy Hendry Rivera Gutierrez. (Deputy Clerk RRB) (Entered: 05/05/2026)
Main Document:
Appoint Counsel
#5
May 05, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk RRB) (Entered: 05/05/2026)
Main Document:
Immigration New Case Documents
#6
May 05, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 5/5/2026: Upon review of Petitioner's Motion for Temporary Restraining Order, the Court believes this case would benefit from the appointment of counsel. Within seven (7) 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 gmichel@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 Panel, within seven (7) days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. Within fourteen (14) days of appointment of counsel, Petitioner may file a further brief in support of Petitioner's Motion for Temporary Restraining Order. If no further brief is filed in that time, this matter shall be referred to the assigned Magistrate Judge pursuant to Local Rule 302(c)(17). The Clerk's Office is directed to serve a copy of the petition on the Federal Defender. (cc: Federal Defender Habeas Petition) [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 05/05/2026)
May 05, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
May 05, 2026
Service by Mail
May 05, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Jimmy Hendry Rivera Gutierrez. (Deputy Clerk RRB)
May 05, 2026
SERVICE BY MAIL: 6 Minute Order served on Jimmy Hendry Rivera Gutierrez. (Deputy Clerk GJM)
#7
May 06, 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: 05/06/2026)
Main Document:
CONSENT/DECLINE
#8
May 12, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 5/12/2026: The Court has been notified of appointed counsel's contact information pursuant to the Order at ECF No. 6. Attorney Erin Radekin is hereby APPOINTED as CJA counsel for Petitioner. The Clerk of Court shall update the docket to reflect Attorney Erin Radekin at Law Office of Erin J. Radekin, 2012 H Street, Suite 200, Sacramento, California 95811, 916-504-3931, erinjradekin@gmail.com as counsel for Petitioner in this matter, nunc pro tunc to 5/12/2026. (cc: Federal Defender Habeas Appointment) [TEXT ONLY ENTRY] (Deputy Clerk GJM) (Entered: 05/12/2026)
May 12, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
May 18, 2026
MAIL RETURNED as Undeliverable, Return to Sender: 6 Minute Order sent to Kimmy Hendry Rivera Gutierrez. Notice of Change of Address due by 6/25/2026. (Deputy Clerk JRM)
May 19, 2026
MAIL RETURNED as Undeliverable, Not deliverable as addressed: 5 Immigration New Case Documents sent to Jimmy Hendry Rivera Gutierrez. Notice of Change of Address due by 6/26/2026. (Deputy Clerk JRM)
#9
May 26, 2026
Extension of Time
Main Document:
Extension of Time
#10
May 27, 2026
Order AND Order on Motion for Extension of Time AND ~Util - 1 Set/Reset Deadlines and Hearings
#11
May 29, 2026
Notice of Change of Address
Main Document:
Notice of Change of Address
#12
Jun 01, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#13
Jun 01, 2026
Miscellaneous Relief
Main Document:
Miscellaneous Relief
#14
Jun 02, 2026
Order on Motion for Miscellaneous Relief
#15
Jun 02, 2026
AMENDED PETITION FOR WRIT OF HABEAS CORPUS; REQUEST FOR INJUNCTIVE RELIEF by Jimmy Hendry Rivera Gutierrez against all respondents. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Exhibits, # 3 Proposed Order) (Radekin, Erin) Modified on 6/2/2026 (GJM). (Entered: 06/02/2026)
Main Document:
AMENDED
#16
Jun 02, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 6/2/2026: Petitioner has filed an Amended Petition for Writ of Habeas Corpus. (ECF No. 15 .) On review of the Amended Petition appears to state a claim on which Petitioner is entitled to relief. Respondents are ORDERED TO SHOW CAUSE on or before June 8, 2026, as to why the Court should not grant a writ of habeas corpus by filing a return as provided in 28 U.S.C. § 2243 and lodge a transcript or audio recording of the bond hearing, if one is available. On or before June 10, 2026, Petitioner's Counsel may file a Reply. 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: 06/02/2026)
Jun 02, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#17
Jun 05, 2026
Notice of Related Case
Main Document:
Notice of Related Case
#18
Jun 08, 2026
RESPONSE to 16 ORDER to SHOW CAUSE by Warden California City Correctional Center. (Attachments: # 1 Exhibit 1)(Yu, Jonathan) (Entered: 06/08/2026)
Main Document:
RESPONSE
#19
Jun 08, 2026
Notice of Filing / Lodging Document
Main Document:
Notice of Filing / Lodging Document
#20
Jun 08, 2026
Notice of Related Case
Main Document:
Notice of Related Case
Jun 08, 2026
ACKNOWLEDGEMENT OF RECEIPT of one compact disc from Jonathan Yu re 19 Notice of Lodging. [ROUTED TO THE FILE ROOM] (Text only entry) (Deputy Clerk LMS)
#21
Jun 09, 2026
MINUTE ORDER (Text Only Entry) Pursuant to Local Rule 123, the Court finds that this action (1:26-cv-03404-DJC-CKD ) is related to Case No. 1:26-cv-01389-JLT-EPG because both cases involve overlapping parties, properties, claims, events and/or questions of fact or law. Thus, the Court ORDERS that Case No. 1:26-cv-03404-DJC-CKD is reassigned to U.S District Judge Jennifer L. Thurston and Magistrate Judge Erica P. Grosjean. All future filings shall reflect the judge reassignments signed by District Judge Jennifer L. Thurston on June 9, 2026. (Deputy Clerk IM) (Entered: 06/09/2026)
#22
Jun 09, 2026
CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Jennifer L. Thurston and Magistrate Judge Erica P. Grosjean. The new case number is: 1:26-cv-03404-JLT-EPG (HC). (Deputy Clerk OFR) (Entered: 06/09/2026)
Jun 09, 2026
Minute Order
#23
Jun 10, 2026
REPLY by Jimmy Hendry Rivera Gutierrez re 16 Minute Order,,,, Set/Reset Deadlines and Hearings,,, 18 Response to Order to Show Cause. (Radekin, Erin) (Entered: 06/10/2026)
Main Document:
REPLY
#24
Jul 01, 2026
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
Main Document:
05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
Parties
(HC) Rivera Gutierrez
Party
Warden California City
Party