Eastern District of California • 1:26-cv-03584

(HC) Samba v. Warden, California City Correctional Center

Completed

Case Information

Filed: May 11, 2026
Assigned to: Micah Wj Smith
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: June 04, 2026
Last Activity: June 04, 2026
Parties: View All Parties →

Docket Entries

#1
May 11, 2026
2241 PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Diallo Samba. [$5 filing fee paid. Receipt to be docketed 5/12/2026] (Deputy Clerk VLK) (Entered: 05/11/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
May 11, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk VLK) (Entered: 05/11/2026)
Main Document: Immigration New Case Documents
#3
May 11, 2026
EO: The court has received and reviewed Petitioner's Petition for Writ of Habeas Corpus, ECF No. 1 . Upon review of the Petition, the court believes this case would benefit from the appointment of counsel. Within seven days from the date of this order,the appointing authority for the Eastern District of California shall identifycounsel and send counsel's contact information to Smith_Orders@hid.uscourts.gov, which 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 days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. Within fourteen days of appointment of counsel, Petitioner may supplement the Petition for Writ of Habeas Corpus. The Clerk's Office is directed to serve a copy of the petition on the Federal Defender. After counsel is appointed, the court will set a schedule for briefing on the 1 Petition for Writ of Habeas Corpus. And given the court's ongoing consideration ofPetitioner's Petition, and unless and until the court orders otherwise, the court ORDERS that Respondents shall not transfer or otherwise take Petitioner out of the Eastern District of California. 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 SO ORDERED.(JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/11/2026)
May 11, 2026
Service by Mail
May 11, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
May 11, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Diallo Samba. (Deputy Clerk VLK)
May 11, 2026
SERVICE BY EMAIL: A PDF copy of Dkt. No. 1 Petition for Writ of Habeas Corpus and Dkt. No. 3 Entering Order was served by email on the Office of the Federal Defender for the Eastern District of California at zzCAEml_Appointments_Habeas@fd.org on May 11, 2026. (Deputy Clerk AB)
May 11, 2026
SERVICE BY MAIL: A copy of Dkt. No. 3 Entering Order was served on Diallo Samba at the address of record on May 11, 2026. (Deputy Clerk AB)
#4
May 12, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Warden, California City Correctional Center (Hemesath, Audrey) (Entered: 05/12/2026)
Main Document: DESIGNATION
#5
May 12, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Michael G. Tierney for Warden, California City Correctional Center, attorney Audrey Benison Hemesath, GOVT terminated (Hemesath, Audrey) (Entered: 05/12/2026)
Main Document: DESIGNATION
May 12, 2026
RECEIPT number 200018946 for $5.00 for filing fee from Diallo Samba. (Deputy Clerk VLK) Modified on 5/12/2026 (VLK).
#6
May 18, 2026
EO: The court has been notified of appointed counsel's contact information pursuant to Dkt. No. 3 Entering Order. Attorney Todd David Leras is hereby APPOINTED as CJA counsel for Petitioner Diallo Samba. The Clerk of Court shall update the docket to reflect said attorney at 455 Capitol Mall Suite 802 Sacramento, CA 95814, 916-504-3933, toddleras@gmail.com respectively, as counsel for Petitioner in this matter, nunc pro tunc to 5/18/2026. (cc: Federal Defender Habeas Appointment) IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/18/2026)
May 18, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
#7
Jun 02, 2026
EO: The court has received and reviewed Petitioner's 1 Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. 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 seven days of the date of service of this order, Respondent SHALL FILE A RESPONSE to the petition. 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 Respondent 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 seven days after service of this order, Respondent 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. Respondent shall not file a hard copy of the transcripts or other documents unless so ordered by this court. 3. If Respondent files an answer to the petition, Petitioner MAY FILE a traverse within seven days of the service of Respondent's answer. If no traverse is filed, the petition and answer are deemed submitted at the expiration of the seven days. 4. If Respondent files a motion to dismiss, Petitioner SHALL FILE an opposition or statement of non-opposition within seven days of the date of service of Respondent's 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. 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: 06/02/2026)
Jun 02, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#8
Jun 04, 2026
STIPULATION and PROPOSED ORDER Dismissal of Petition Without Prejudice re 1 Petition for Writ of Habeas Corpus by Diallo Samba. (Leras, Todd) (Entered: 06/04/2026)
Main Document: STIPULATION
#9
Jun 04, 2026
Stipulation and Order AND ~Util - Terminate Civil Case
Main Document: Stipulation and Order AND ~Util - Terminate Civil Case

Parties

(HC) Samba
Party
Warden, California City Correctional Center
Party