Western District of Pennsylvania • 3:26-cv-01565
ORELLANA PEREIRA v. WARDEN MOSHANNON VALLEY ICE
Completed
Case Information
Filed: August 13, 2026
Assigned to:
J. Nicholas Ranjan
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Pretrial Detainee)
Completed: August 14, 2026
Last Activity:
August 14, 2026
Parties:
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Docket Entries
#1
Aug 13, 2026
PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number 200020581), filed by MARCOS TULIO ORELLANA PEREIRA. (Attachments: # 1 Exhibit, # 2 Receipt, # 3 Envelope) (tla) (Entered: 08/13/2026)
Main Document:
ATTORNEY Petition for Writ of Habeas Corpus (Credit Card Required)
Aug 13, 2026
Judge J. Nicholas Ranjan added. (tla)
#2
Aug 14, 2026
ORDER DISMISSING WITHOUT PREJUDICE 1 Petition for Habeas Corpus. The petition fails as an improper "next friend" petition, and so the Court lacks jurisdiction to consider it. A "next friend" of Petitioner's must meet several requirements to have standing to "pursue[] the cause on behalf of the detained person." Whitmore v. Arkansas, 495 U.S. 149, 163 (1990). First, a "next friend" holds the burden to "provide an adequate explanation" for why the real party cannot file on his or her own behalf. See id. (noting "inaccessibility, mental incompetence, or other disability" as adequate). Incarceration alone is not a good enough reason. See Klingensmith by Klingensmith v. Pennsylvania, No. CV 25-1802, 2025 WL 3251199, at *1 (W.D. Pa. Nov. 21, 2025) (Horan, J.). Second, a "next friend" typically "must have some significant relationship with the real party" such that the "next friend" is "truly dedicated to the best interests" of the real party. Whitmore, 495 U.S. at 16364. Third, "[a] non-attorney cannot represent another party, even if acting as a next friend." In other words, the next friend can essentially operate as a power of attorney and retain an attorney on behalf of the petitioner, but cannot proceed pro se. Schlemmer v. Cent. Intel. Agency, 804 F. Appx 127, 128 n.2 (3d Cir. 2020) (per curiam). Because at least certain of these requirements have not been met here, the petition is dismissed without prejudice. Signed by Judge J. Nicholas Ranjan on 8/14/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak) (Entered: 08/14/2026)
Aug 14, 2026
Order AND ~Util - Terminate Civil Case
Parties
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