Western District of New York • 1:26-cv-01029

#1

May 18, 2026

Emergency PETITION for Writ of Habeas Corpus (PETITIONER WILL BE TRASNFERRED AT 01:00 AM 05/19/2026) ( Filing fee $ 5 receipt number ANYWDC-5833226.), filed by Anson Gracilien. (Attachments: # 1 Civil Cover Sheet)(Pegnam, Stephen) (Entered: 05/18/2026)

May 18, 2026

Case assigned to Hon. John L. Sinatra, Jr. Notification to chambers of online civil opening. (LB)

#2

May 19, 2026

TEXT ORDER. Through counsel, Petitioner seeks relief under 28 U.S.C. § 2241. Dkt. 1. His petition includes an allegation about his imminent transfer to a different detention facility and requests an "[o]rder that Defendants not remove Petitioner from the State of New York." Id. at 10. His counsel also apparently telephoned a member of the clerk's office. The Court directs Petitioner's counsel to Local Rules of Civil Procedure 7(a)(7), 7(d), and 65(b) for the proper procedure for seeking expedited relief. There being no motion for emergency relief before the Court, the Court nevertheless notes that it retains jurisdiction over petitions regardless of whether petitioners are transferred. See Santillanes v. U.S. Parole Comm'n, 754 F.2d 887, 888 (10th Cir. 1985) ("It is well established that jurisdiction attaches on the initial filing for habeas corpus relief, and it is not destroyed by a transfer of the petitioner and the accompanying custodial change."). The Court will issue a briefing schedule per its normal practices. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 5/19/2026. (KEF) Modified on 5/19/2026 to correct a typo. (KEF). (Entered: 05/19/2026)

May 19, 2026

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (ARS)