Active
Case Information
Filed: September 10, 2026
Assigned to:
Margaret I. Strickland
Referred to:
Kevin R. Sweazea
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity:
October 19, 2026
Parties:
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Docket Entries
#1
Sep 10, 2026
PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by Mamadou Pathe Diallo. (eh) (Entered: 09/10/2026)
Main Document:
Petition for 2241 Relief
#2
Sep 10, 2026
MOTION for Leave to Proceed in forma pauperis by Mamadou Pathe Diallo. (eh) (Entered: 09/10/2026)
Main Document:
Proceed In Forma Pauperis
#3
Sep 10, 2026
Request for Interim Relief by Mamadou Pathe Diallo. (eh) (Entered: 09/10/2026)
Main Document:
Order
#4
Sep 10, 2026
NOTICE: In accordance with the Standing Order, filed January 28, 2026 in 26-MC-00004-03 (Doc. 3), the Clerk of Court provides notice of completion of electronic service. A copy of the petition in this matter was provided to all federal respondents by Notice of Electronic Filing (NEF) using the Case Management and Electronic Case Filing (CM/ECF) system. The parties should review the Standing Order, and any further Orders entered in this matter regarding the deadline to respond to the petition. (eh)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 09/10/2026)
Sep 10, 2026
United States District Judge Margaret I. Strickland and United States Magistrate Judge Kevin R. Sweazea assigned. (eh)
#5
Sep 14, 2026
ORDER TO SHOW CAUSE by District Judge Margaret I. Strickland: The Court ORDERS Petitioner to show cause why his Petition should not be summarily dismissed without prejudice because it does not state a claim under which habeas relief can be granted. Petitioner alleges he was detained on or about May 18, 2026. An Order of Removal was entered on July 2, 2026, and Petitioner's appeal of that Order dismissed on September 2, 2026, making it final. See 8 U.S.C. § 1241.1(a). Where, as here, the petitioner is subject to a final order of removal, detention is governed by Zadvydas v. Davis, 533 U.S. 678, 682 (2001) and 8 U.S.C. § 1231. The Supreme Court determined that a six-month detention period is presumptively reasonable. Zadvydas, 533 U.S. at 701. Because Petitioner is subject to a final removal order and has not yet been detained for six months, it appears that he is lawfully detained. Accordingly, Petitioner shall have thirty days from the date of this Order to SHOW CAUSE why the Petition should not be dismissed without prejudice. Petitioner is reminded that this Court cannot allow noncitizens to permanently remain in the United States or make any determination as to immigration status. Pursuant to 8 U.S.C. § 1252, known as the "zipper clause," Federal District Courts lack jurisdiction over claims challenging removal orders. Jennings v. Rodriguez, 583 U.S. 281, 316-17 (2018). Petitioner's Motion to Proceed In Forma Pauperis (ECF 2 ) is GRANTED. Petitioner's Motion for Interim Relief (ECF 3 ) is DENIED. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] Show Cause Response due by 10/14/2026. (pa) (Entered: 09/14/2026)
Sep 14, 2026
Order to Show Cause
#8
Oct 11, 2026
Reply (when not to a motion)
Main Document:
Reply (when not to a motion)
#9
Oct 19, 2026
ORDER by District Judge Margaret I. Strickland DENYING 7 Amended Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. sec. 2241. (gri)
#10
Oct 19, 2026
Judgment
Main Document:
Judgment