Opinion
5:24-cv-01518-HDV-MAA
12-09-2024
Juan Francisco Luis, Petitioner, v. J. Doerer, Respondent.
ORDER REQUIRING RESPONSE TO PETITION (28 U.S.C. § 2241)
MARIA A. AUDERO UNITED STATES MAGISTRATE JUDGE
In order to facilitate the just, speedy, and inexpensive determination of this action, IT IS ORDERED that:
1. The Clerk of this Court promptly shall (a) serve electronic copies of the Petition and this Order on Respondent and the United States Attorney, or his authorized agent, in accordance with Rule 4(i) of the Federal Rules of Civil Procedure; and (b) serve a copy of this Order on Petitioner.
2. The Clerk also shall serve Petitioner with a blank copy of Form CV-11B (Consent to Proceed Before a United States Magistrate Judge) along with this Order. If Petitioner wishes to exercise the consent option, Petitioner shall file a completed Form CV-11B with the Clerk and serve Respondent with same within twenty-eight (28) days after the date of this Order. Respondent shall have until the date of the filing of the Answer to the Petition or the filing of a Motion to Dismiss the Petition in which to exercise the consent option by filing and serving a completed Form CV-11B. The parties are free to withhold consent without adverse substantive consequences.
3. Within fourteen (14) days after the date of this Order, Respondent shall file and serve a Notice of Appearance, notifying the Court of the name of the attorney who will have principal charge of the case, together with the address where the attorney may be served and the attorney's telephone and fax number. This information is important to ensure accurate service of Court documents.
4. If Respondent contends that the Petition can be decided without the Court's reaching the merits of Petitioner's claims (e.g., because Respondent contends that Petitioner has failed to exhaust any administrative remedies as to any ground for relief alleged in the Petition, or that the Petition is barred by the statute of limitations), Respondent may file a Motion to Dismiss within thirty (30) days after the date of this Order. The Motion to Dismiss shall not address the merits of Petitioner's claims, but rather shall be confined to the basis for Respondent's contention that dismissal without reaching the merits of Petitioner's claims is warranted. At the time the Motion to Dismiss is filed, Respondent shall electronically lodge with the Court all records bearing on Respondent's contention in this regard. The Court may issue a subsequent order for the lodging of a paper copy of a lodgment if the lodgment is not usable in its electronic format.
If Respondent contends that Petitioner has failed to exhaust any administrative remedies as to any ground for relief alleged in the Petition, the Motion to Dismiss also shall specify the administrative remedies still available to Petitioner.
5. If Respondent files a Motion to Dismiss, Petitioner may file an Opposition, if any, to the Motion to Dismiss within thirty (30) days after the date of service thereof. At the time the Opposition is filed, Petitioner shall lodge with the Court any records not lodged by Respondent that Petitioner believes may be relevant to the Court's determination of the Motion to Dismiss.
Note that additional time is added to any period during which a party must act if papers are served by means other than personal delivery. See Fed. R. Civ. P. 6(d) .
6. Unless otherwise ordered by the Court, Respondent shall not file a Reply to Petitioner's Opposition to the Motion to Dismiss. If the Motion to Dismiss is denied, the Court will afford Respondent adequate time to respond to Petitioner's claims on the merits.
7. If Respondent does not contend that the Petition can be decided without the Court reaching the merits of Petitioner's claims, Respondent may file and serve an Answer to the Petition within forty-five (45) days after the date of this Order. At the time the Answer is filed, Respondent shall electronically lodge with the Court all records bearing on the merits of Petitioner's claims. The Answer also specifically shall address the necessity for an evidentiary hearing to resolve any issue.
8. Petitioner may file a single Reply responding to matters raised in the Answer within thirty (30) days after the date of service thereof. Any Reply filed by Petitioner shall (a) state whether Petitioner admits or denies each allegation of fact contained in the Answer, (b) be limited to facts or arguments responsive to matters raised in the Answer, and (c) not raise new grounds for relief that were not asserted in the Petition. Grounds for relief withheld until the Reply will not be considered. The Reply shall not exceed ten (10) pages in length absent advance leave of Court for good cause shown.
9. A request for an evidentiary hearing must be made no later than the date that Petitioner files a Reply to the Answer or, if discovery is requested, any request for an evidentiary hearing must be filed with the Court no later than thirty (30) days after Petitioner receives responses to discovery. Petitioner is responsible for notifying the Court of any request for an evidentiary hearing in writing, and this request must be timely made or it will be denied.
10. A request by a party for an extension of time within which to file any required pleading will be granted only upon a showing of good cause and should be made in advance of the due date of the pleading. Any such request shall be accompanied by a declaration under penalty of perjury explaining why an extension of time is necessary and by a proposed order granting the requested extension.
11. Unless otherwise ordered by the Court, this case shall be deemed submitted on the day following the date Petitioner's Opposition to a Motion to Dismiss and/or Petitioner's Reply to the Answer is due.
12. Any requests for Court action must be submitted by motion or application in compliance with the Central District of California Local Civil Rules. The first page must be a notice of motion with the title of the document, the date and time of the motion hearing (if applicable), the name of the judicial officer before whom the motion has been noticed, and “a concise statement of relief or Court action the movant seeks.” C.D. Cal. L.R. 7-4. The parties explicitly are warned that any motions or requests for status updates will be rejected and not docketed.
13. Unless otherwise ordered by the Court, the parties shall not provide mandatory chambers copies of any electronically filed lodged documents.
14. Petitioner shall notify the Court and counsel for Respondent of any change of Petitioner's address immediately after such change. If Petitioner fails to keep the Court informed of where Petitioner may be contacted, this action will be subject to dismissal for failure to prosecute. See C.D. Cal. L.R. 41-6. 15. All documents must be typewritten or printed in black or dark blue ink, or prepared by a photocopying or other duplicating process that will produce clear and permanent copies equally legible to printing. C.D. Cal. L.R. 11-3.1. The Court will reject any documents that are not legible.
Attachment
(Exhibit Omitted)