Western District of Pennsylvania • 3:26-cv-01733

#1

Sep 02, 2026

MOTION for Leave to Proceed in forma pauperis by ANDRE LUBALA KABOYI. (Attachments: # 1 Habeas Petition lodged pending disposition of IFP Motion, # 2 Legal Memorandum, # 3 Motion to Appoint Counsel, # 4 Envelope) (bjr) (Entered: 09/02/2026)

Sep 02, 2026

Judge Arthur J. Schwab added. (bjr)

#2

Sep 14, 2026

TEXT ORDER granting 1 Motion for Leave to Proceed in forma pauperis. The Court finds that Petitioner does not have the ability to pay the filing fee in this matter. The Clerk of Court shall file the petition lodged at ECF 1 forthwith.. Signed by Judge Arthur J. Schwab on 9/14/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lar) (Entered: 09/14/2026)

#3

Sep 14, 2026

PETITION for Writ of Habeas Corpus, filed by ANDRE LUBALA KABOYI. (bjr) (Entered: 09/15/2026)

#4

Sep 14, 2026

BRIEF in Support of 3 Petition for Writ of Habeas Corpus filed by ANDRE LUBALA KABOYI. (bjr) (Entered: 09/15/2026)

#5

Sep 14, 2026

MOTION to Appoint Counsel by ANDRE LUBALA KABOYI. (bjr) (Entered: 09/15/2026)

Sep 14, 2026

Order on Motion for Leave to Proceed In Forma Pauperis

#6

Sep 15, 2026

ORDER denying without prejudice 5 Petitioner's Motion to Appoint Counsel. Petitioner has no constitutional or statutory right to counsel in this habeas proceedings, see Baynes v. Attorney General, Civ. No. 2:22-694, 2024 WL 5340638, at *1 (W.D. Pa. Nov. 26, 2024) (citing McClesky v. Zant, 499 U.S. 467, 495 (1991) (superseded on other grounds by statute), but it is within the court's discretion to appoint a financially eligible habeas petitioner counsel if it determines that the interests of justice so require. See LCvR 2241, section H. For example, the court must appoint counsel to represent a financially eligible petitioner if it authorizes discovery and determines that appointment is necessary for effective discovery. Additionally, the court must appoint counsel to represent a financially eligible petitioner if it determines that an evidentiary hearing is warranted. At this time, however, the Court finds that there are no grounds to support that the interests of justice requires the appointment of counsel. Signed by Judge Arthur J. Schwab on 9-15-26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm) (Entered: 09/15/2026)

#7

Sep 15, 2026

CASE MANAGEMENT ORDER. Copies of this order and the Petition were emailed by the Court to the USAO. This email service is deemed sufficient to accomplish formal service of the Petition on Respondent. Respondents' counsel shall file a notice of appearance within 3 days of this date. Respondents shall file any responses or answers to the petition within 30 days of the date of service. Signed by Judge Arthur J. Schwab on 9/15/2026. (lar) (Entered: 09/15/2026)

Sep 15, 2026

Order on Motion to Appoint Counsel

#8

Sep 16, 2026

NOTICE of Appearance by Jill Locnikar on behalf of THE AREA FIELD OFFICE DIRECTOR, THE ATTORNEY GENERAL, THE DIRECTOR OF ICE, WARDEN OF MOSHANNON VALLEY PROCESSING CENTER. (Locnikar, Jill) (Entered: 09/16/2026)

#9

Sep 16, 2026

NOTICE of Suggestion of Mootness by THE AREA FIELD OFFICE DIRECTOR, THE ATTORNEY GENERAL, THE DIRECTOR OF ICE, WARDEN OF MOSHANNON VALLEY PROCESSING CENTER re 3 Petition for Writ of Habeas Corpus (Attachments: # 1 Exhibit 1) (Locnikar, Jill) (Entered: 09/16/2026)

#10

Sep 16, 2026

MEMORANDUM ORDER dismissing as moot 3 Petition for Writ of Habeas Corpus filed by ANDRE LUBALA KABOYI. The Clerk of Court shall mark this case CLOSED. Signed by Judge Arthur J. Schwab on 9-16-26. (bfm) (Entered: 09/16/2026)

Sep 16, 2026

~Util - Terminate Civil Case

Sep 16, 2026

Clerk is to mark CASE CLOSED. Signed by Judge Arthur J. Schwab on 9-19-26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm)