Eastern District of California • 1:26-cv-03284

#1

Apr 29, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Warden California City Correctional Center, Tae D. Johnson by Roberto J. Calderon Perez. (Deputy Clerk MR) (Entered: 04/30/2026)

#2

Apr 29, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Roberto J. Calderon Perez. (Deputy Clerk MR) (Entered: 04/30/2026)

#3

Apr 29, 2026

MOTION to EXPEDITE CONSIDERATION and MOTION to APPOINT COUNSEL by Roberto J. Calderon Perez. (Deputy Clerk MR) (Entered: 04/30/2026)

#4

Apr 29, 2026

DECLARATION of Maria Guadalupe Valera Valencia, Next Friend Filed by Roberto J. Calderon Perez. (Deputy Clerk MR) (Entered: 04/30/2026)

#5

Apr 29, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk MR) (Entered: 04/30/2026)

Apr 29, 2026

RECEIPT number 100008030 for $5.00 for Roberto J. Calderon Perez from Roberto J. Calderon Perez. (Deputy Clerk MR)

#6

Apr 30, 2026

CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Anonymous) (Entered: 04/30/2026)

#7

Apr 30, 2026

MINUTE ORDER (Text Entry Only) The Court has reviewed the Petition filed under 28 U.S.C. § 2241 (Doc. 1) and the related request for emergency injunctive relief (Doc. 2). Petitioner (A File #: 220-716-640) does not indicate when he was detained by immigration officials. Thus, he fails to demonstrate that the TRO request is untimely, and it is DENIED. Local Rule 231(b). In addition, Petitioner's "next friend" Ms. Valera Valencia has failed to demonstrate Petitioner's entitlement to proceed by next friend. Though she demonstrates that she is Petitioner's wife, she does not explain why Petitioner is unable to file a petition himself. Merely being held in custody in not enough. Whitmore v. Arkansas, 495 U.S. 149, 161 (1990). In addition, even if she demonstrates that she can act as Petitioner's next friend, she is advised that she cannot represent Petitioner in this action, though he may seek appointment of counsel. Hinojosa v. Warden, SATF/SP, No. 2:22-cv-1780 DB P, 2023 WL 2874169, at *2 (E.D. Cal. Apr. 10, 2023) (same), recommendation adopted, 2023 WL 4711303 (E.D. Cal. July 24, 2023). Thus, within 14 days, Ms. Valera Valencia may file a declaration demonstrating that she is committed to representing Petitioner's best interests and explaining why he cannot file his petition himself. Failure to do so will result in the Court dismissing this action signed by District Judge Jennifer L. Thurston on April 30, 2026. (Deputy Clerk IM) (Entered: 04/30/2026)

Apr 30, 2026

SERVICE BY MAIL: 7 Minute Order on Motion for TRO served on Roberto J. Calderon Perez. (Deputy Clerk IM)

Apr 30, 2026

SERVICE BY MAIL: 5 Immigration New Case Documents served on Roberto J. Calderon Perez. (Deputy Clerk MR)

Apr 30, 2026

Order on Motion for TRO

Apr 30, 2026

Service by Mail

#8

May 14, 2026

DECLARATION of of Maria Guadalupe Valera Valencia in Support of Next Friend Standing. (Deputy Clerk CRM) (Entered: 05/14/2026)

#9

Jun 23, 2026

MINUTE ORDER (Text Only Entry) The Court has reviewed the declaration of Petitioner's "next friend" Ms. Valera Valencia (Doc. 8 ) to the Court's April 30, 2026 Minute Order (Doc. 7 .) As the April 30 Minute Order explained, an individual filing a habeas petition as a next friend of an individual in custody may not appear without counsel. This is because individuals appearing pro se are only permitted to represent themselves, not others. See Cheema v. Warden, No. 1:26-cv-00203-DC-DMC, 2026 WL 124841, at *2 (E.D. Cal. Jan. 16, 2026) (citing Johns v. County of San Diego, 114 F.3d 874, 877 (9th Cir. 1997), and Simon v. Hartford Life, Inc., 546 F.3d 661, 664 (9th Cir. 2008)); see also Perez v. Bondi, No. 25-cv-03820-AGS-MSB, 2026 WL 59785, at *1 (S.D. Cal. Jan. 7, 2026). Thus, because Petitioner has not indicated he will proceed on his own behalf and Ms. Valencia has not appeared through counsel, the Court must dismiss the Petition as currently filed without prejudice as it plainly appears Petitioner may not obtain relief. See Rule 4 of the Rules Governing Section 2254 Cases. If Petitioner should file a new petition seeking release he has several options: (1) he may do so on his own behalf with counsel, (2) he may file pro se on his own behalf, or (3) a next friend may file on his behalf with counsel, though the burden is on the next friend to establish standing to pursue the action in that capacity.Accordingly, the Petition for Writ of Habeas Corpus (Doc, 1 ) is DISMISSED without prejudice to refiling. The Clerk of the Court is directed to terminate all open motions and deadline and to close this case signed by District Judge Jennifer L. Thurston on June 23, 2026. (Deputy Clerk IM) (Entered: 06/23/2026)

#10

Jun 23, 2026

Judgment AND ~Util - Terminate Civil Case

Jun 23, 2026

Service by Mail

Jun 23, 2026

Minute Order

Jun 23, 2026

SERVICE BY MAIL: 10 Judgment served on Roberto J. Calderon Perez. (Deputy Clerk JPX)

Jun 23, 2026

SERVICE BY MAIL: 9 Minute Order served on Roberto J. Calderon Perez. (Deputy Clerk IM)