Active
Case Information
Filed: August 11, 2026
Assigned to:
Daniel Desmond Domenico
Referred to:
Susan Prose
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241in - Habeas Corpus: INS
Active
Last Activity:
September 16, 2026
Parties:
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Docket Entries
#1
Aug 11, 2026
APPLICATION for Writ of Habeas Corpus Pursuant to 28 USC 2241 (Filing fee $ 5, Receipt Number ACODC-11202558)Attorney Lauren Georgalas added to party Roody Pierre(pty:pet), filed by Roody Pierre. (Attachments: # 1 Exhibit Judge Order Terminating Case, # 2 Exhibit Criminal Case Dismissed)(Georgalas, Lauren) (Entered: 08/11/2026)
Main Document:
APPLICATION
#2
Aug 11, 2026
Case assigned to Chief Judge Daniel D. Domenico and drawn to Magistrate Judge Susan Prose. Text Only Entry (eguth, ) (Entered: 08/12/2026)
#3
Aug 11, 2026
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eguth, ) (Entered: 08/12/2026)
Main Document:
Magistrate
#4
Aug 12, 2026
ORDER REFERRING CASE to Magistrate Judge Susan ProseORDER REFERRING CASE to Magistrate Judge Susan Prose. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Chief Judge Daniel D. Domenico on 8/12/2026. Text Only Entry. (rkeec) (Entered: 08/12/2026)
#5
Aug 12, 2026
ORDER TO SHOW CAUSE.The petitioner must serve the respondents with 1 Petition for Writ of Habeas Corpus pursuant to Federal Rule of Civil Procedure 4. The petitioner need not serve a summons with a copy of the petition. The petitioner must promptly file proof of service in accordance with Federal Rule of Civil Procedure 4(l)(1).Having reviewed the petition, I find that good cause appears, and it is therefore ORDERED that the respondents must SHOW CAUSE within three weeks after service of the petition why the application for a writ of habeas corpus should not be granted. The petitioner may file a reply within two weeks of service of the response(s).SO ORDERED by Chief Judge Daniel D. Domenico on 8/12/2026. Text Only Entry. (rkeec) (Entered: 08/12/2026)
Aug 12, 2026
Order Referring Case to Magistrate Judge
Aug 12, 2026
Order to Show Cause
#7
Sep 14, 2026
BRIEF by Petitioner Roody Pierre. (Georgalas, Lauren) (Entered: 09/14/2026)
Main Document:
BRIEF
#8
Sep 16, 2026
ORDER re: Service of Process.The petitioner was directed to serve the respondents "pursuant to Federal Rule of Civil Procedure 4" and " promptly file proof of service." Doc. 5. On 8/14/2026, the petitioner filed 6 Certificate of Service stating that a copy of 1 Petition for Writ of Habeas Corpus was sent via certified mail to Respondents John Fabbricatore, Markwayne Mullin, Todd Blanche, and Juan Baltazar. The Certificate does not state that a copy of the petition was delivered or sent to the U.S. Attorney for the District of Colorado or sent to the Attorney General of the United States as required by Federal Rule of Civil Procedure 4(i)(1)(A)-(B). The United States and its agencies cannot waive service of process. Constien v. United States, 628 F.3d 1207, 1213 (10th Cir. 2010).The petitioner asserts that "Respondents were afforded an opportunity to respond to the Petition and failed to do so within the time permitted by the Court." Doc. 7 at 1. But if the petitioner has not completed service pursuant to Rule 4, the time to respond to the Court's show-cause order has not yet begun to run.The petitioner must properly serve the respondents on or before 11/9/2026. See Fed. R. Civ. P. 4(m) (if defendants are not served within ninety days of filing complaint, court may dismiss action without prejudice unless plaintiff shows good cause for the failure).SO ORDERED by Chief Judge Daniel D. Domenico on 9/16/2026. Text Only Entry (ccuen, ) (Entered: 09/16/2026)
Sep 16, 2026
Order
Parties
Fabbricatore
Party
Pierre
Party