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6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8

9 SERGIO MEDRANO, Case No. 1:25-cv-00166-EPG-HC

10 Petitioner, ORDER VACATING HEARING SET FOR FEBRUARY 13, 2025 11 v.

12 RON MURRAY, et al., ORDER TO RESPOND

13 Respondents. ORDER SETTING BRIEFING SCHEDULE

14 ORDER TO ELECTRONICALLY FILE TRANSCRIPTS AND OTHER NECESSARY 15 DOCUMENTS

16 ORDER DIRECTING CLERK OF COURT TO SERVE DOCUMENTS 17 18 Petitioner Sergio Medrano, represented by counsel, is an immigration detainee 19 proceeding with a petition of writ of habeas corpus pursuant to

. Petitioner 20 seeks habeas relief and moves for a temporary restraining order, alleging that he has been in the 21 custody of Immigration and Customs Enforcement since June 22, 2023, and has not had a bond 22 hearing, in violation of the Fifth Amendment. (ECF Nos. 1, 3.) 23 The Court has conducted a preliminary review of the Petition and the Motion for a 24 Temporary Restraining Order, and it is not clear from the face of the Petition and Motion 25 whether Petitioner is entitled to relief.

. Accordingly, pursuant to Rule 4 of the 26 Rules Governing Section 2254 Cases,1 the Court HEREBY ORDERS: 27 1 The Rules Governing Section 2254 Cases may apply to § 2241 habeas petitions. See Rule 1(b) of the 1 1. The hearing on the Motion for Temporary Restraining Order set for February 13, 2 2025 is VACATED. 3 2. Within SEVEN (7) days of the date of service of this order, Respondent SHALL 4 FILE a RESPONSE to the Motion for Temporary Restraining Order (ECF No. 3). 5 3. Petitioner MAY FILE a Reply to the Response to the Motion for Temporary 6 Restraining Order within SEVEN (7) days after the Response is served. 7 Thereafter, the Court will set a hearing if necessary. 8 4. Within SIXTY (60) days of the date of service of this order, Respondent SHALL 9 FILE a RESPONSE to the Petition. See Rule 4, Rules Governing Section 2254 10 Cases; Cluchette v. Rushen,

, 1473–74 (9th Cir. 1985) (court has 11 discretion to fix time for filing a response). A Response can be made by filing one 12 of the following: 13 A. AN ANSWER addressing the merits of the Petition. Any argument 14 by Respondent that Petitioner has procedurally defaulted a claim 15 SHALL BE MADE in the ANSWER, but must also address the 16 merits of the claim asserted. 17 B. A MOTION TO DISMISS the Petition. 18 4. Within SIXTY (60) days after service of this order, Respondent SHALL FILE 19 any and all transcripts or other documents necessary for the resolution of the 20 issues presented in the Petition. See Rule 5(c), Rules Governing Section 2254 21 Cases. The transcripts or other documents shall only be filed electronically 22 and, to the extent practicable, provided in Optical Character Recognition 23 (“OCR”) format. Respondent shall not file a hard copy of the transcripts or 24 other documents unless so ordered by this Court. 25 5. If Respondent files an Answer to the Petition, Petitioner MAY FILE a Traverse 26 within THIRTY (30) days of the date of service of Respondent’s Answer. If no 27 Traverse is filed, the Petition and Answer are deemed submitted at the expiration l 6. If Respondent files a Motion to Dismiss, Petitioner SHALL FILE an Opposition 2 or Statement of Non-Opposition within TWENTY-ONE (21) days of the date of 3 service of Respondent’s Motion. Any Reply to an Opposition to the Motion to 4 Dismiss SHALL be filed within FOURTEEN (14) days after the Opposition has 5 been filed in CM/ECF. The Motion to Dismiss will be deemed submitted when 6 the time to reply has expired. 7 7. Respondent SHALL COMPLETE and RETURN to the Court within THIRTY 8 (30) days a Consent/Decline form indicating whether Respondent consents or 9 declines to consent to the jurisdiction of a United States Magistrate Judge 10 pursuant to Title

(c)(1). 11 8. The Clerk of Court is DIRECTED to SERVE a copy of this order along with a 12 copy of the Petition on the Office of the United States Attorney for the Eastern 13 District of California. 14 These dates should be considered as firm by all parties. If any party requires additional 15 | time, they should file a motion for amendment of the schedule before a deadline has passed and 16 | explain in detail why the party cannot comply with this schedule. Extensions of time will only be 17 | granted upon a showing of good cause. All provisions of Local Rule 110 are applicable to this 1g | order. 19 IT IS SO ORDERED. 20 21| Dated: _ February 11, 2025 [see hy — UNITED STATES MAGISTRATE JUDGE

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