Eastern District of California • 1:26-cv-07589
(HC) Rigby v. Warden, California City
Active
Case Information
Filed: September 18, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
October 07, 2026
Parties:
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Docket Entries
#1
Sep 18, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City by Michael Rigby. (Deputy Clerk KEZ) (Entered: 09/23/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 23, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Litigant Letter) (Deputy Clerk KEZ) (Entered: 09/23/2026)
Main Document:
Immigration New Case Documents
#3
Sep 23, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 9/23/2026: This matter is REFERRED to the assigned U.S. Magistrate Judge for further proceedings pursuant to Local Rule 302 and 28 U.S.C. § 636(b)(1)(B). Pending the Court's ruling on the Petition for Writ of Habeas Corpus, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting the Court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction."). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 09/23/2026)
Sep 23, 2026
Service by Mail
Sep 23, 2026
SERVICE BY MAIL: 3 Minute Order served on Michael Rigby. (Deputy Clerk MDK)
Sep 23, 2026
SERVICE BY MAIL: 2 Immigration New Case Documents served on Michael Rigby. (Deputy Clerk KEZ)
Sep 23, 2026
Minute Order
#4
Sep 24, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, California City (Andrews, Anthony) (Entered: 09/24/2026)
Main Document:
DESIGNATION
#5
Sep 25, 2026
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Allison Claire on 09/25/2026. Petitioner, Michael Rigby (A# 231-577-687), a self-represented immigration detainee, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Based on the length of time in which petitioner has been in immigration detention, the court hereby authorizes petitioner to proceed in forma pauperis without prepayment of the filing fee in this action. See 28 U.S.C. § 1914. The petition, liberally construed, asserts, among other things, a due process violation based on his detention without a pre-deprivation process. ECF No. 1. Pursuant to 28 U.S.C. § 2243, respondents is directed to file a response within 7 days from the date of this order, which shall substantively address whether there are any factual or legal issues that materially distinguish it from the court's prior orders in Villanueva-Montanez v. Lyons, No. 2:26-cv-00954-DAD-CKD, 2026 WL 797930, at *1 (E.D. Cal. Mar. 23, 2026), Kalkan v. Chestnut, No. 1:26-cv-2028 DAD EFB, 2026 WL 788112 (E.D. Cal Mar. 20, 2026), M.A. G.V. v. Warden, California City Det. Facility, No. 1:26-cv-6356 TLN SCR, 2026 WL 2516864 (E.D. Cal. Aug. 26, 2026) and other similar cases previously decided by this court, or otherwise indicate that the matter is not substantively distinguishable. The court will construe failure to distinguish the above cited cases as a concession that the cases are not substantively distinguishable. The response shall include petitioner's Form I-213 for each immigration encounter, any orders of release or detention, any custody warrants, notices, or decisions, and if respondent disputes any factual representations in the operative petition, any and all documents necessary to support their view of the facts. Petitioner's reply, if any, is due within 7 days of being served a copy of the respondent's response. (Text Only Entry) (Deputy Clerk JAA) (Entered: 09/25/2026)
Sep 25, 2026
Minute Order
Sep 25, 2026
SERVICE BY MAIL: 5 Minute Order served on Michael Rigby. (Deputy Clerk JAA)
Sep 25, 2026
Service by Mail
#6
Oct 02, 2026
RESPONSE by Warden, California City to 5 Minute Order,,,,,,, 1 Petition for Writ of Habeas Corpus. (Andrews, Anthony) (Entered: 10/02/2026)
Main Document:
RESPONSE
Oct 05, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Oct 05, 2026
Service by Mail
Oct 07, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
Parties
(HC) Rigby
Party
Warden, California City
Party