Western District of Pennsylvania • 3:26-cv-01155

Garcia Cuzco v. Francis

Active

Case Information

Filed: June 17, 2026
Assigned to: Mark Raymond Hornak
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Pretrial Detainee)
Active
Last Activity: June 22, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 12, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Carlos Rigoberto Garcia Cuzco..(nb) (Entered: 06/12/2026)
Main Document: PETITION
#2
Jun 12, 2026
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Edgardo Ramos on 6/12/2026) (nb) (Entered: 06/12/2026)
Main Document: STANDING
#3
Jun 12, 2026
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Wendy Nicol Garcia Robles consents to receive electronic service via the ECF system. Document filed by Wendy Nicol Garcia Robles..(nb) (Entered: 06/12/2026)
Main Document: PRO
#4
Jun 12, 2026
NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Todd Blanche, LaDeon Francis, Markwayne Mullins..(Waterman, Brandon) (Entered: 06/12/2026)
Main Document: NOTICE
#5
Jun 12, 2026
LETTER addressed to Judge Edgardo Ramos from Brandon M. Waterman dated June 12, 2026 re: Venue is improper in SDNY. Document filed by Todd Blanche, LaDeon Francis, Markwayne Mullins. (Attachments: # 1 Exhibit ICE Detainee Locator).(Waterman, Brandon) (Entered: 06/12/2026)
Main Document: LETTER
#6
Jun 12, 2026
ORDER TO ANSWER: The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York of this Order. Respondents shall file an answer to the Petition within three business days of the date of this Order. Petitioner shall file any reply within ten business days of the date of this Order. The Court directs the Clerk of Court to mail a copy of this order to Petitioner at the address listed on the docket sheet for this action. Wendy Nicol Garcia Robles may receive court documents by email by completing the form, Consent to Electronic Service. The Court also directs the Clerk of Court to mail Petitioner an information package. SO ORDERED. (Signed by Judge Edgardo Ramos on 6/12/2026) (jca) Transmission to Pro Se Assistants for processing. (Entered: 06/12/2026)
Main Document: ORDER
#7
Jun 12, 2026
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Petitioner, who is proceeding pro se and appearing by a next friend, brings this petition for a writ of habeas corpus. To proceed with a petition for a writ of habeas corpus in this court, a petitioner, or his next friend, must either pay the $5.00 filing fee or, to request authorization to proceed in forma pauperis ("IFP"), submit a completed and signed IFP application. See 28 U.S.C. §§ 1914, 1915. Petitioners next friend submitted the petition without paying the filing fee or completing, signing, and submitting an IFP application. Within 30 days of the date of this order, Petitioner or the next friend must either pay the $5.00 filing fee or complete, sign, and submit the attached IFP application. If Petitioner or the next friend submits the IFP application, it should be labeled with docket number 1:26-CV-4987 (ER). If the Court grants the IFP application, this action will be permitted to proceed without prepayment of fees. See 28 U.S.C. § 1915(a)(1). If Petitioner or the next friend complies with this order, this action shall be processed inaccordance with the procedures of the Clerks Office. If Petitioner or the next friend fails to comply with this order within the time allowed, the petition will be denied. Because, at this time, the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. The Court certifies, under 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and, therefore, IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. Filing Fee due by 7/13/2026. In Forma Pauperis (IFP) Application due by 7/13/2026. (Signed by Judge Edgardo Ramos on 6/12/2026) (jca) (Additional attachment(s) added on 6/15/2026: # 1 IFP Application) (jar). (Entered: 06/12/2026)
Main Document: ORDER
#8
Jun 12, 2026
HABEAS PACKAGE MAILED to Carlos Rigoberto Garcia Cuzco Moshannon Valley ICE Processing Center 555 Geo Drive Philipsburg, PA 16866, on 6/12/2026 Re: 6 Order to Answer, 28 U.S.C. 2241. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (nb) (Entered: 06/12/2026)
Main Document: HABEAS
#9
Jun 12, 2026
MEMO ENDORSEMENT on re: 5 Letter, filed by Markwayne Mullins, LaDeon Francis, Todd Blanche ENDORSEMENT: Wendy Nicol Garcia Robles, as next friend of the petitioner, is directed to respond by Monday, June 15, 2026. In her response, Robles should provide any information she has as to the petitioner's location at the time of filing the petition for writ of habeas corpus. SO ORDERED. (Signed by Judge Edgardo Ramos on 6/12/2026) (jca) (Entered: 06/12/2026)
Main Document: MEMO
Jun 12, 2026
MAILING RECEIPT: Document No: 8. Mailed to: Carlos Rigoberto GarciaCuzco Moshannon Valley ICE Processing Center 555 Geo Drive Philipsburg, PA 16866. (nb)
Jun 12, 2026
CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see Rule 9.2 of the courts ECF Rules & Instructions for further information..(nb)
Jun 12, 2026
Magistrate Judge Henry J. Ricardo is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (nb)
Jun 12, 2026
Case Designated ECF. (nb)
Jun 15, 2026
MAILING RECEIPT: Document No: 6,7,9. Mailed to: Carlos Rigoberto GarciaCuzco Moshannon Valley ICE Processing Center 555 Geo Drive Philipsburg, PA 16866. (tp)
Jun 15, 2026
MAILING RECEIPT: Document No: 9. Mailed to: Carlos Rigoberto GarciaCuzco Moshannon Valley ICE Processing Center 555 Geo Drive Philipsburg, PA 16866. (tp)
Jun 15, 2026
MAILING RECEIPT: Document No: 2. Mailed to: Carlos Rigoberto GarciaCuzco Moshannon Valley ICE Processing Center 555 Geo Drive Philipsburg, PA 16866. (kma)
#10
Jun 16, 2026
ORDER : Accordingly, the Court directs Garcia Robles to respond to the Government's letter, Doc. 7, by 12:00 p.m. on June 17, 2026. In her response, Garcia Robles should provide any information she has as to Garcia Cuzco's location at the time the petition for the writ of habeas corpus was filed. If Garcia Robles fails to respond by that time, the Court will treat the Government's letter as unopposed. SO ORDERED. (Signed by Judge Edgardo Ramos on 6/16/2026) (jca) (Entered: 06/16/2026)
Main Document: ORDER
#11
Jun 17, 2026
ORDER: Accordingly, the Clerk of Court is respectfully ordered to transfer this case to the Western District of Pennsylvania. To allow for timely consideration of the petition, the Court waives the seven-day waiting period required by Local Rule 83.1, and the Clerk of Court shall therefore transfer the case immediately. (And as further set forth herein.) SO ORDERED. (Signed by Judge Edgardo Ramos on 6/17/2026) (jca) (Entered: 06/17/2026)
Main Document: Order
#12
Jun 17, 2026
Case transferred in from District of New York Southern; Case Number 1:26-cv-04987. Original file certified copy of transfer order and docket sheet received. (Entered: 06/17/2026)
Main Document: Case
Jun 17, 2026
Judge Mark R. Hornak added. (tla)
Jun 22, 2026
Order of Consolidation (Docket on Member Case Only)

Parties

Francis
Party
Garcia Cuzco
Party