District of Colorado • 1:26-cv-02113

#1

May 15, 2026

APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 Attorney Anjanette Hamilton added to party Omar Martinez(pty:pet), filed by Omar Martinez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit restricted exhibits (restriction requested))(Hamilton, Anjanette) (Entered: 05/15/2026)

#2

May 15, 2026

Exhibits in Support of 1 Application for Writ of Habeas Corpus, by Petitioner Omar Martinez. (Hamilton, Anjanette) (Entered: 05/15/2026)

#3

May 15, 2026

NOTICE of Entry of Appearance by Laura Patricia Lunn on behalf of Omar MartinezAttorney Laura Patricia Lunn added to party Omar Martinez(pty:pet) (Lunn, Laura) (Entered: 05/15/2026)

#4

May 15, 2026

Temporary Restraining Order

#5

May 15, 2026

Case assigned to Judge R. Brooke Jackson and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (angar, ) (Entered: 05/15/2026)

#6

May 15, 2026

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (angar, ) (Entered: 05/15/2026)

#7

May 15, 2026

Leave to Restrict

#8

May 15, 2026

Leave

#9

May 15, 2026

Proceed In Forma Pauperis

#10

May 18, 2026

MEMORANDUM RETURNING CASE By Judge R. Brooke Jackson. Case returned to Chief Judge Daniel D. Domenico and drawn to Magistrate Judge Scott T. Varholak for all further proceedings. All future pleadings should be designated as 26-cv-02113-DDD. (anewt,) (Entered: 05/18/2026)

#11

May 19, 2026

SUMMONS REQUEST as to Baltazar; Valdez; Mullen; Lyons; Blanche; U.S. Attorney Traskos re 1 Application for Writ of Habeas Corpus, by Petitioner Omar Martinez. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Lunn, Laura) (Entered: 05/19/2026)

#12

May 19, 2026

ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Chief Judge Daniel D. Domenico on 5/19/2026. Text Only Entry. (rkeec) (Entered: 05/19/2026)

#13

May 19, 2026

ORDER REFERRING MOTION(S): 9 Application to Proceed in District Court Without Prepaying Fees or Costs. filed by Omar Martinez. Motion referred to Magistrate Judge Scott T. Varholak by Chief Judge Daniel D. Domenico on 5/19/2026. Text Only Entry. (rkeec) (Entered: 05/19/2026)

#14

May 19, 2026

ORDER GRANTING 7 Petitioner's Unopposed Motion to Restrict Public Access. The Clerk of Court is directed to maintain Doc. 2 at Level 1 restriction. The petitioner must file a public redacted version of Doc. 2 on or before 6/2/2026. SO ORDERED by Chief Judge Daniel D. Domenico on 05/19/2026. Text Only Entry.(agryan) (Entered: 05/19/2026)

#15

May 19, 2026

ORDER TO SHOW CAUSE.The petitioner must serve the respondents with 1 Verified Petition for Writ of Habeas Corpus pursuant to Federal Rule of Civil Procedure 4. The petitioner need not serve a summons with a copy of the petition. The petitioner must promptly file proof of service in accordance with Federal Rule of Civil Procedure 4(l)(1).Having reviewed the petition, I find that good cause appears, and it is therefore ORDERED that the respondents must SHOW CAUSE within three weeks after service of the petition why the application for a writ of habeas corpus should not be granted. The respondents must also respond to 8 Motion for Leave to Proceed Under Pseudonym by the same date.The petitioner may file a reply within two weeks of service of the response(s).SO ORDERED by Chief Judge Daniel D. Domenico on 05/19/2026. Text Only Entry. (agryan) (Entered: 05/19/2026)

#16

May 19, 2026

ORDER Granting in Part Motion for Temporary Restraining Order. It is ORDERED that The petitioner's Emergency Motion for Ex Parte Temporary Restraining Order, Temporary Restraining Order, and/or Preliminary Injunction, Doc. 4, is GRANTED IN PART as set forth below with respect to the request for an ex parte temporary restraining order, and TAKEN UNDER ADVISEMENT as to the request for a preliminary injunction. SO ORDERED by Chief Judge Daniel D. Domenico on 05/19/2026.(agryan) (Entered: 05/19/2026)

May 19, 2026

Order Referring Case to Magistrate Judge

May 19, 2026

Order to Show Cause

May 19, 2026

Order on Motion for Leave to Restrict

May 19, 2026

Order Referring Motion

#17

May 21, 2026

ORDER This matter is before the Court on 9 Application to Proceed in District Court Without Prepaying Fees or Costs. Petitioner filed the nonprisoner form; however, because he is detained, he must use the court-approved Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a Habeas Corpus Action form, available at http://www.cod.uscourts.gov/CourtOperations/RulesProcedures/Forms.aspx#SelfRepresentation. Accordingly, the motion is DENIED WITHOUT PREJUDICE, with leave to refile the proper form. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/21/2026. Text Only Entry(stvlc6, ) (Entered: 05/21/2026)

May 21, 2026

Order on Motion for Leave to Proceed In Forma Pauperis

#18

May 22, 2026

NOTICE of Entry of Appearance by Timothy Bart Jafek on behalf of Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullen, George ValdezAttorney Timothy Bart Jafek added to party Juan Baltazar(pty:res), Attorney Timothy Bart Jafek added to party Todd Blanche(pty:res), Attorney Timothy Bart Jafek added to party Todd Lyons(pty:res), Attorney Timothy Bart Jafek added to party Markwayne Mullen(pty:res), Attorney Timothy Bart Jafek added to party George Valdez(pty:res) (Jafek, Timothy) (Entered: 05/22/2026)

#19

May 26, 2026

AFFIDAVIT/RETURN of Service of Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief upon Kevin Traskos; Markwayne Mullin; Todd Lyons; Juan Baltazar; George Valdez on 5/21/2026; 5/26/2026, filed by Petitioner Omar Martinez (Attachments: # 1 Exhibit Certified Mail Receipts and Tracking Numbers, # 2 Exhibit USPS Tracking Information)(Lunn, Laura) (Entered: 05/26/2026)

#20

May 27, 2026

RESPONSE to 16 Order on Motion for TRO,,, Order on Motion for Preliminary Injunction,, by Respondents Juan Baltazar, Todd Blanche, Todd Lyons, Markwayne Mullen, George Valdez. (Jafek, Timothy) (Entered: 05/27/2026)

#21

May 28, 2026

ORDER granting 4 Motion for Preliminary Injunction.The respondents state that they "do not object to the Court entering a preliminary injunction extending the temporary relief set forth in the Court's Order at ECF No. 16 at 6 until final adjudication of this case on the merits." Doc. 20 at 2.Accordingly, the Temporary Restraining Order, Doc. 16 at 6, is converted to a preliminary injunction, and the respondents and their officers, agents, servants, employees, attorneys, and any other persons who are in active concert or participation with them who receive actual notice of this Order by personal service or otherwise are PRELIMINARILY ENJOINED from removing the petitioner from the United States without providing at least fifteen days advance notice (including identification of the country to which removal is intended) to both the petitioner's appointed counsel in his immigration proceedings and his habeas counsel in this case. See Fed. R. Civ. P. 65(a).The security requirement is waived. See Fed. R. Civ. P. 65(c); Doc. 16 at 4.SO ORDERED by Chief Judge Daniel D. Domenico on 5/28/2026. Text Only Entry.(rkeec) (Entered: 05/28/2026)

May 28, 2026

Order on Motion for Preliminary Injunction

#22

Jun 01, 2026

Reconsideration

#23

Jun 01, 2026

Appoint Guardian ad Litem

#24

Jun 01, 2026

ORDER REFERRING MOTION(S): 22 Unopposed MOTION for Reconsideration re 17 Order on Motion for Leave to Proceed in Forma Pauperis, filed by Omar Martinez. Motion referred to Magistrate Judge Scott T. Varholak by Chief Judge Daniel D. Domenico on 6/1/2026. Text Only Entry. (rkeec) (Entered: 06/01/2026)

Jun 01, 2026

Order Referring Motion

#25

Jun 02, 2026

Exhibits in Support of 2 Exhibits Public redacted version pursuant to ORDER at ECF No. 14 by Petitioner Omar Martinez. (Lunn, Laura) (Entered: 06/02/2026)

#26

Jun 04, 2026

ORDER This matter is before the Court on [#22] Motion for Reconsideration. Petitioner moves for reconsideration of the Court's [#17] Order directing him to submit the appropriate form to proceed without prepayment of fees. Petitioner argues that, as an immigration detainee, he is not a "prisoner" within the meaning of the Prison Litigation Reform Act ("PLRA"). [See #22 at 2-3] The Court does not disagree with that proposition. However, the Court's prior order was not based on application of the PLRA's filing-fee provisions. Rather, the Court requires all prisoners and detainees, including immigration detainees, who seek habeas relief to use the Court-approved habeas in forma pauperis form, consistent with D.C.COLO.LCivR 8.1. In addition, the requirement that an applicant provide a certificate regarding the balance in his institutional account is consistent with Rule 3(a) of the Rules Governing Section 2254 Cases, which requires a petitioner seeking leave to proceed in forma pauperis to provide the information necessary for the Court to assess his financial status. And a "district court may apply any or all of these rules to a habeas corpus petition not covered by [§ 2254.]" See Habeas Rule 1(b), Rules Governing Section 2254 Cases in the United States District Courts. Accordingly, reconsideration of the Court's prior ruling is unwarranted and the Motion is DENIED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/4/2026. Text Only Entry (stvlc6, ) (Entered: 06/04/2026)

Jun 04, 2026

Order on Motion for Reconsideration

#27

Jun 16, 2026

Order on Motion to Appoint Guardian/Attorney ad Litem

#28

Jun 30, 2026

First MOTION to Amend/Correct/Modify 1 Application for Writ of Habeas Corpus, 2 Exhibits by Petitioner O.M.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Proposed Order (PDF Only) proposed order)(Hamilton, Anjanette) (Entered: 06/30/2026)

#29

Jun 30, 2026

ORDER GRANTING 28 Petitioner's Unopposed Motion for Leave to File Amended Complaint and Verified Petition for Writ of Habeas Corpus.The Clerk of Court is DIRECTED to separately docket the amended pleading, with Doc. 28-2 as the main document and Docs. 28-3 and 28-4 as exhibits thereto. The Clerk of Court is FURTHER DIRECTED to maintain Doc. 28-4 under Level 1 restriction.The respondents must SHOW CAUSE within two weeks of this Order why the amended application for a writ of habeas corpus should not be granted. The respondents must also respond to 8 Motion for Leave to Proceed Under Pseudonym by the same date. The petitioner may file a reply within two weeks of service of the response(s).SO ORDERED by Chief Judge Daniel D. Domenico on 06/30/2026.(agryan) (Entered: 06/30/2026)

#30

Jun 30, 2026

AMENDED COMPLAINT and Verified Petition for Writ of Habeas Corpus, filed by O.M.. [Docketed pursuant to 28 Order] (Attachments: # 1 Exhibit, # 2 Exhibit)(agryan) (Entered: 06/30/2026)

Jun 30, 2026

Order on Motion to Amend/Correct/Modify