Eastern District of California • 1:26-cv-03085

#1

Apr 22, 2026

AMENDED PETITION for WRIT of HABEAS CORPUS by Peter Prekler. Attorney Ortiz, Andres James added. (Attachments: # 1 Memorandum P&A, # 2 Exhibit Bond Docket, # 3 Exhibit Declaration of Pet, # 4 Exhibit Unofficial Bond Transcript, # 5 Exhibit Bond Administrative Record 1/3, # 6 Exhibit Bond Administrative Record 2/3, # 7 Exhibit Bond Administrative Record 3/3, # 8 Proposed Order)(Ortiz, Andres) (Entered: 04/22/2026)

#2

Apr 22, 2026

CIVIL COVER SHEET filed by Peter Prekler. (Ortiz, Andres) (Entered: 04/22/2026)

#3

Apr 23, 2026

CLERK'S NOTICE to Attorney Andres James Ortiz re 1 Amended Petition for Writ of Habeas Corpus: You filed an Amended Petition for Writ of Habeas Corpus but your actual filing is not amended. Please use the actual event Petition for Writ of Habeas Corpus. The event Petition for Writ of Habeas Corpus will also prompt you to pay the $5 filing fee associated with the petition. Please re-file your document using the correct event and submit your $5 filing fee. (Deputy Clerk SSA) (Entered: 04/23/2026)

#4

Apr 23, 2026

PETITION for WRIT of HABEAS CORPUS against Todd Blanche, Mullin Markwayne, Warden by Peter Prekler. (Filing fee $ 5, receipt number ACAEDC-13223460) (Ortiz, Andres) (Entered: 04/23/2026)

#5

Apr 23, 2026

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. (Attachments: # 1 Order re Consent) (Deputy Clerk SSA) (Entered: 04/23/2026)

#6

Apr 23, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Todd Blanche,Audrey Benison Hemesath, GOVT for Mullin Markwayne,Audrey Benison Hemesath, GOVT for Warden (Hemesath, Audrey) (Entered: 04/23/2026)

#7

Apr 23, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Peter Prekler. (Attachments: # 1 Exhibit Bond Docket, # 2 Exhibit Dec. of Pet, # 3 Exhibit Unofficial Bond Transcript, # 4 Exhibit Unofficial Admin Record 1/3, # 5 Exhibit Unofficial Admin Record 2/3, # 6 Exhibit Unofficial Admin Record 3/3, # 7 Declaration Dec. of Andres Ortiz, # 8 Notice TRO Checklist, # 9 Proposed Order)(Ortiz, Andres) (Entered: 04/23/2026)

#8

Apr 23, 2026

EO: The court has received and reviewed Petitioner's Petition for Writ of Habeas Corpus, ECF Nos. 1, 4, and Motion for Temporary Restraining Order, ECF No. 7 . Pending the court's decision on the Petition, and unless and until the court orders otherwise, the court ORDERS that Respondents shall not transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (noting court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction").It is not clear from the face of the Petition whether Petitioner is entitled to relief. Accordingly, under Rule 4 of the Rules Governing Section 2254 Cases -- which the court applies to this Section 2241 habeas petition, as authorized by Rule 1(b) -- the court orders the following:1. Within fourteen days of the date of service of this order, Respondents SHALL FILE A RESPONSE to the Petition, including addressing whether this case is distinguishable from those cases in which district judges within the Eastern District of California have granted relief. See Rule 4, Rules Governing Section 2255 Cases. A Response can be made by filing (a) AN ANSWER addressing the merits of the Petition. Any argument by Respondents that Petitioner has procedurally defaulted a claim SHALL BE MADE in the ANSWER but must also address the merits of the claim asserted. Alternatively, a Response can be made by filing (b) A MOTION TO DISMISS the Petition.2. Within fourteen days after service of this order, Respondents SHALL FILE any and all transcripts or other documents necessary for the resolution of the issues presented in the Petition. See Rule 5(c), Rules Governing Section 2254 Cases. The transcripts or other documents shall only be filed electronically and, to the extent practicable, provided in Optical Character Recognition ("OCR") format. Respondents shall not file a hard copy of the transcripts or other documents unless so ordered by this court.3. If Respondents file an Answer to the Petition, Petitioner MAY FILE a Traverse within fourteen days of the service of Respondents' Answer. If no Traverse is filed, the Petition and Answer are deemed submitted at the expiration of the fourteen days.4. If Respondents file a Motion to Dismiss, Petitioner SHALL FILE an Opposition or Statement of Non-Opposition within fourteen days of the date of service of Respondents' Motion. Any Reply to an Opposition to the Motion to Dismiss SHALL be filed within seven days after the Opposition has been filed in CM/ECF. The Motion to Dismiss will be deemed submitted when the time to reply has expired.5. The Clerk of Court is DIRECTED to SERVE a copy of this order along with a copy of the Petition, via email, on the Office of the United States Attorney for the Eastern District of California at usacae.ecf2241-imm@usdoj.gov.6. All motions shall be submitted on the record and briefs filed without oral argument unless otherwise ordered by the court. These dates should be considered as firm by all parties. If any party requires additional time, that party should file a motion for amendment of the schedule before a deadline has passed and explain in detail why the party cannot comply with this schedule. Extensions of time will only be granted upon a showing of good cause. All provisions of Local Rule 110 are applicable to this order.Additionally, because it is not clear at this stage whether petitioner is entitled to relief, the court ORDERS the Respondents to address the arguments made in Petitioner's 7 Motion for TRO in any response filed according to the deadlines for the Petition set forth above. Petitioner may address those arguments in any Traverse or Opposition, as applicable under that same schedule. The court will consider the 7 Motion for TRO on the same timeline as the Petition unless it determines that further expedited treatment is warranted.IT IS SO ORDERED.(JUDGE MICAH W. J. SMITH) (ab) (Entered: 04/23/2026)

Apr 23, 2026

Service by Mail

Apr 23, 2026

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

Apr 23, 2026

SERVICE BY EMAIL: A PDF copy of Dkt. No. 1 Petition for Writ of Habeas Corpus and Dkt. No. 8 Entering Order was served by email on the Office of the United States Attorney for the Eastern District of California at usacae.ecf2241-imm@usdoj.gov on April 23, 2026. (Deputy Clerk AB)

#9

Apr 28, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Todd Blanche,Anthony Andrews for Mullin Markwayne,Anthony Andrews for Warden, attorney Audrey Benison Hemesath, GOVT terminated (Hemesath, Audrey) (Entered: 04/28/2026)

#10

May 06, 2026

Notice (Other)

#11

May 06, 2026

Dismiss

#12

May 20, 2026

REPLY by Peter Prekler re 11 Motion to Dismiss. (Ortiz, Andres) (Entered: 05/20/2026)

#13

Jun 03, 2026

Order AND Order on Motion for TRO AND Order on Motion to Dismiss

#14

Jun 03, 2026

Judgment AND ~Util - Terminate Civil Case

#15

Jun 03, 2026

EO: Given that the court has now resolved the petition, see Dkt Nos. 13, 14, its April 23, 2026, order that Petitioner not be transferred or otherwise taken out of the Eastern District of California, Dkt. No. 8, is HEREBY LIFTED. IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/03/2026)

Jun 03, 2026

Minute Order

#16

Jun 12, 2026

Notice of Appeal

#17

Jun 16, 2026

Appeal Processed to USCA

#18

Jun 18, 2026

USCA Case Number

#19

Jun 18, 2026

Miscellaneous Relief

#20

Jun 18, 2026

EO: The court has received and reviewed Petitioner's 19 Motion for Release Pending Appeal. In his motion, Petitioner moves under Fed. R. App. P. 8(a)(1) and 23(b) for "release on reasonable conditions of supervision" pending the resolution of his 16 appeal of this court's 13 order dismissing his petition for writ of habeas corpus without prejudice. Dkt. No. 19, at pg. 4. "The same standards govern motions for preliminary injunctions and motions for injunctions pending appeal" under Rule 8, and so the moving party "must establish: (1) that it is likely to succeed on the merits, (2) that it will likely suffer irreparable harm in the absence of injunctive relief, (3) that the balance of equities or hardships tips in its favor, and (4) that an injunction is in the public interest." Greater Hells Canyon Council v. Stein, No. 17-cv-00843, 2018 WL 7254696, at *2 (D. Or. Dec. 18, 2018) (citing Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008)). Similarly, under Rule 23, a court considers whether the movant can establish "(1) a probability of success on the merits and the possibility of irreparable harm, or (2) that serious legal questions are raised and the balance of hardships tips sharply in the moving party's favor." Nadarajah v. Gonzales, 443 F.3d 1069, 1083 (9th Cir. 2006) (cleaned up). Under either standard, Petitioner has not made a sufficient showing to justify the extraordinary remedy of an injunction pending appeal. It is plain that Petitioner faces significant irreparable harm each day he remains in custody-not only to his own physical and mental health, but also to the physical and mental wellbeing of his partner, who relies on Petitioner as his primary caregiver. But when "considering an injunction pending appeal, the first factor a district court evaluates is the movant's likelihood of success on the merits." LVDG Series 114 v. Wright, No. 13-CV-1775, 2013 WL 12143923, at *1 (D. Nev. Dec. 13, 2013). And for the reasons discussed in the court's order denying the petition, the issues presented on appeal present neither "serious questions going to the merits," All. for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1134-35 (9th Cir. 2011), nor a likelihood of success on the merits. Petitioner's Motion for Release Pending Appeal, Dkt. No. 19, is therefore DENIED. See Doe v. Noem, 781 F. Supp. 3d 1055, 1062 (E.D. Cal. 2025) (to obtain injunctive relief, a movant must demonstrate that he "is likely to succeed on the merits of his claims or, at the very least, that serious questions going to the merits were raised"). IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 06/18/2026)

Jun 18, 2026

Minute Order AND Order on Motion for Miscellaneous Relief

#21

Jul 08, 2026

USCA Order/Mandate/Memo