Mkrtich M. v. Warden of the Golden State Annex Detention Facility

7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA MKRTICH M., No. 1:26-cv-00194-TLN-JDP 11 Petitioner, 12 v. ORDER WARDEN OF THE GOLDEN STATE ANNEX DETENTION FACILITY, Respondents.

Petitioner Mkrtich M.1 (“Petitioner”), an immigration detainee who is representing himself, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241.2 (ECF No. 1.)

Petitioner has also filed an application to proceed in forma pauperis (ECF No. 2), and a motion to appoint counsel (ECF No. 3).

The Court has conducted a preliminary review of the petition pursuant to Rule 4 of the Rules Governing Habeas Corpus Cases Under Section 2254.3 Respondents shall file a response 1 As recommended by the Committee on Court Administration and Case Management of the Judicial Conference of the United States, the Court omits petitioner’s full name, using only his first name and last initial, to protect sensitive personal information. See Memorandum re: Privacy Concern Regarding Social Security and Immigration Opinions, Committee on Court Administration and Case Management, Judicial Conference of the United States (May 1, 2018), https://www.uscourts.gov/sites/default/files/18-cv-l-suggestion_cacm_0.pdf. The Clerk of Court is directed to update the docket to reflect this change accordingly.

27 2 In light of the relief requested, the Court retains this matter. E.D. Cal. L.R. 302(d).

28 3 Rule 1(b) of the Rules Governing Habeas Corpus Cases Under Section 2254 allows a to Petitioner’s petition for a writ of habeas corpus by 5 p.m. on January 15, 2026. Any opposition shall provide the Court with copies of all referenced/relevant portions of Petitioner’s A-File and any and all available records related to Petitioner’s allegations. Pending the Court’s ruling on this petition, Respondents shall not take any action to transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (acknowledging the Court’s “express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction”).

8 Petitioner’s application to proceed in forma pauperis makes the required showing and is granted. See 28 U.S.C. § 1915(a). Petitioner’s motion to appoint counsel is also granted. In light of the complexity of the legal issues involved, the Court has determined that the interests of justice require the appointment of counsel for Petitioner. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Within seven days from the date of this order, the appointing authority for the Eastern District of California shall identify counsel and send counsel’s contact information to Michele Krueger, Courtroom Deputy for Chief Judge Troy Nunley, via email at [email protected], who shall update the docket to reflect counsel’s appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act (“CJA”) Panel, the Court hereby authorizes them to serve as CJA counsel for petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1).

19 In accordance with the above, IT IS HEREBY ORDERED that: 20 1. Respondents shall file a response to Petitioner’s petition for a writ of habeas corpus by 21 5 p.m. on January 15, 2026; 22 2. In order to ensure this Court’s jurisdiction to resolve the pending § 2241 petition, 23 Respondent shall not transfer Petitioner to another detention center outside of this 24 judicial district, pending further order of the Court; 25 3. Petitioner’s motion to proceed in forma pauperis (ECF No. 2) is granted; 26 4. Petitioner’s motion to appoint counsel (ECF No. 3) is granted. Within seven days district court to apply any or all of the rules to other types of habeas corpus petitions including § 2241 petitions.

1 from the date of this order, the appointing authority for the Eastern District of 2 California shall identify counsel and send counsel’s contact information to Michele 3 Krueger, Courtroom Deputy for Chief Judge Troy Nunley, who shall update the 4 docket to reflect counsel’s appointment; 5 5. The Clerk of the Court shall serve a copy of this order on the Federal Defender, 6 Attention: Habeas Appointment, along with a copy of the § 2241 petition; 7 6. The Clerk of the Court shall serve a copy of this order together with a copy of 8 Petitioner’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on 9 the United States Attorney at [email protected]; and 10 7. The Clerk of Court is directed to update the docket to only list Petitioner’s first name 11 and last initial.

12 IT IS SO ORDERED.

Date: January 13, 2026