District of Massachusetts • 1:26-cv-12894

Akopian v. Moniz

Active

Case Information

Filed: June 25, 2026
Assigned to: Myong J. Joun
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: July 10, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 25, 2026
PETITION for Writ of Habeas Corpus (2241), filed by Dim Akopian. (Attachments: # 1 Memorandum of Law in Support of Petition)(LBO) (Entered: 06/25/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jun 25, 2026
MOTION to Appoint Counsel by Dim Akopian.(LBO) (Entered: 06/25/2026)
Main Document: Appoint Counsel
#3
Jun 25, 2026
MOTION for Temporary Restraining Order by Dim Akopian.(LBO) (Entered: 06/25/2026)
Main Document: Temporary Restraining Order
#4
Jun 25, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Myong J. Joun assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Paul G. Levenson. (JAM) (Entered: 06/25/2026)
#5
Jun 25, 2026
General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (SP) (Entered: 06/25/2026)
Main Document: General Order 19-02
#6
Jun 25, 2026
Judge Myong J. Joun: ELECTRONIC ORDER entered. Immigration detainee Dim Akopian, who is confined at the Plymouth County Correctional Facility, has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241 naming as respondents Donald Trump and Immigration and Customs Enforcement. Akopian did not pay the $5.00 filing fee nor file a motion for leave to proceed in forma pauperis.Antone Moniz, the Superintendent of the Plymouth County Correctional Facility, shall be the sole respondent. See Rumsfeld v. Padilla, 542 U.S. 426, 439 (2004) (immediate custodian of petitioner is proper respondent in habeas action); Vasquez v. Reno, 233 F.3d 688, 696 (1st Cir. 2000) (same, as applied to immigration detainee). The other respondents are dismissed from this action without prejudice. Pursuant to 18 U.S.C. 3006A(2)(B) the court may, upon a determination that "the interests of justice so require may appoint counsel "for any financially eligible person who... is seeking relief under section 2241, 2254, or 2255 of title 28." Here, the petitioner has failed to submit an affidavit with sufficient detail to demonstrate financial eligibility. Thus, the motion 2 for appointment of counsel is DENIED without PREJUDICE. Petitioners motion 3 for temporary restraining order is DENIED without PREJUDICE. Petitioner failed to satisfy the requirements pursuant to the Court's Local Rules or Federal Rule of Civil Procedure 65, which require, inter alia, (1) the submission of a memorandum of reasons to support any motion, see Local Rule 7.1(b)(1); and (2) either notice to the adverse party or certification to support an ex parte order, see Fed. R. Civ. P. 65(b)(1); see also Eze v. Appleyard, 2013 WL 5604292, at *2 (D. Mass. Oct. 10, 2013) ([Plaintiff] has not certified his efforts to give notice to the defendants of his motion for emergency relief or explained why such notice should not be required. His failure to meet the requirements of Fed. R. Civ. P. 65(b)(1)(B) provides sufficient ground for denial of a motion for a temporary restraining order.); DuBois v. Alves, 2022 WL 4376041, at *5 (D. Mass. Aug. 22, 2022) (denying motion in part due to the failure to comply with Local Rules or Federal Rule of Civil Procedure 65). Finally, the Clerk shall (1) correct the docket to list Antone Moniz as sole respondent; (2) issue a Procedural Order for resolution of the filing fee for this action; (3) issue a Service Order for service of the habeas petition.(SP) (Entered: 06/25/2026)
#7
Jun 25, 2026
Judge Myong J. Joun: ORDER entered. Procedural Order regarding resolution of filing fee. Plaintiff must respond within 21 days. (SP) (Entered: 06/25/2026)
Main Document: PSSA Order 2 - 2241 no fee or IFP
#8
Jun 25, 2026
Judge Myong J. Joun: ORDER entered. SERVICE ORDER re 2241 Petition. Order entered pursuant to 28 U.S.C. 2243 governing Section 2241 cases for service on respondents. The answer or responsive pleading is due no later than June 30, 2026.(SP) (Entered: 06/25/2026)
Main Document: Service Order-2241 Petition
#9
Jun 25, 2026
Copy re 8 Service Order - 2241 Petition, 7 PSSA Order 2, 6 Order, 1 Petition for Writ of Habeas Corpus (2241) and a blank IFP form mailed to Dim Akopian A204734574 Plymouth County Correctional Facility 26 Long Pond Road Plymouth, MA 02360 on 6/25/2026. (SP) (Entered: 06/25/2026)
#10
Jun 25, 2026
Copy re 8 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241) mailed to Antone Moniz on 6/25/2026. (SP) (Entered: 06/25/2026)
Jun 25, 2026
Notice of Case Assignment
Jun 25, 2026
Order
Jun 25, 2026
Copy Mailed
#11
Jun 30, 2026
Notice of Appearance
Main Document: Notice of Appearance
#12
Jun 30, 2026
Notice of Appearance
Main Document: Notice of Appearance
#13
Jun 30, 2026
Extension of Time to File Response/Reply
Main Document: Extension of Time to File Response/Reply
#14
Jul 01, 2026
Opposition to Motion
Main Document: Opposition to Motion
Jul 06, 2026
Order on Motion for Extension of Time to File Response/Reply
#16
Jul 09, 2026
Extension of Time to File Response/Reply
Main Document: Extension of Time to File Response/Reply
#17
Jul 10, 2026
Notice of Withdrawal of Appearance
Main Document: Notice of Withdrawal of Appearance
#18
Jul 10, 2026
Extension of Time to File Response/Reply
Main Document: Extension of Time to File Response/Reply

Parties

Akopian
Party
Moniz
Party