Eastern District of California • 1:26-cv-05730
(HC) Martinez Martinez v. Warden, California City Correctional Center
Active
Case Information
Filed: July 23, 2026
Assigned to:
Daniel J. Calabretta
Referred to:
Sean C. Riordan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
August 03, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 23, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Correctional Center by Franco Martinez Martinez. (Deputy Clerk AKP) (Entered: 07/24/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 23, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Franco Martinez Martinez. (Deputy Clerk AKP) (Entered: 07/24/2026)
Main Document:
Temporary Restraining Order
Jul 23, 2026
RECEIPT number 200020191 for $5.00 for Franco Martinez Martinez. (Deputy Clerk AKP)
#3
Jul 24, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 07/24/2026)
Main Document:
Immigration New Case Documents
#4
Jul 24, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 7/24/2026: Due to the Unavailability of District Judge Dale A. Drozd, this case is REASSIGNED to District Judge Daniel J. Calabretta for all further proceedings. District Judge Dale A. Drozd no longer assigned to case. New Case Number: 1:26-cv-5730 DJC SCR (HC). (TEXT ONLY ENTRY) (Deputy Clerk JJD) (Entered: 07/24/2026)
#5
Jul 24, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Audrey Benison Hemesath, GOVT for Warden, California City Correctional Center (Hemesath, Audrey) (Entered: 07/24/2026)
Main Document:
DESIGNATION
Jul 24, 2026
Service by Mail
Jul 24, 2026
SERVICE BY MAIL: 4 Order Reassigning Case, served on Franco Martinez Martinez. (Deputy Clerk JJD)
Jul 24, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Franco Martinez Martinez. (Deputy Clerk AKP)
Jul 24, 2026
Order Reassigning Case
#6
Jul 25, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 7/25/2026: The Court has reviewed Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) and Motion for Temporary Restraining Order (ECF No. 2 ). The issues raised in the Petition appear to mirror those previously addressed by the Court in many prior cases. See Morillo v. Albarran, No. 1:25-cv-01533-DJC-AC; see also E.L.D.M. v Becerra, No. 1:25-cv-01906-DJC-JDP. The Court intends to rule directly on the 1 petition for writ of habeas corpus, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the 2 motion for temporary restraining order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). On or before July 29, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from the Court's prior orders listed above and justify denying the petition, or indicate this matter is not substantively distinguishable. This matter is not set for a hearing though the Court may set one should it later be determined that a hearing is necessary. [TEXT ONLY ORDER] (Deputy Clerk GJM) (Entered: 07/25/2026)
Jul 25, 2026
SERVICE BY MAIL: 6 Minute Order served on Franco Martinez Martinez. (Deputy Clerk GJM)
Jul 25, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
Jul 25, 2026
Service by Mail
#9
Aug 03, 2026
Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
Main Document:
Order AND Order on Motion for TRO AND ~Util - Terminate Civil Case
#10
Aug 03, 2026
Judgment
Main Document:
Judgment
Aug 03, 2026
Service by Mail
Parties
(HC) Martinez Martinez
Party
Warden, California City Correctional Center
Party