Eastern District of California • 1:26-cv-07663
(HC) Diaz v. Warden, Central Valley Annex Detention
Active
Case Information
Filed: September 21, 2026
Assigned to:
Troy Lynne Nunley
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
October 14, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 21, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex Detention by Deivis Willyan Diaz. (Deputy Clerk DAR) (Entered: 09/23/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 21, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Deivis Willyan Diaz. (Deputy Clerk DAR) (Entered: 09/23/2026)
Main Document:
Temporary Restraining Order
#3
Sep 23, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk DAR) (Entered: 09/23/2026)
Main Document:
Immigration New Case Documents
#4
Sep 23, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on 9/23/2026: Before the Court is Petitioner's Petition for Writ of Habeas Corpus ("the Petition") and Motion for Temporary Restraining Order. The Court intends to rule directly on the Petition, with the understanding that the Court will also consider any arguments made in support of the motion. See Fed. R. Civ. P. 65(a)(2). Within 2 court days, Respondents shall answer the Petition. Any response must include Petitioner's Form I-213 for each immigration encounter; any orders of release or detention; any custody determinations, warrants or notices; and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition. Failure to timely respond shall be construed as a non-opposition. See L.R. 230(c). Pending the Court's ruling on the Petition, Respondents shall NOT TRANSFER Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (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"). (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 09/23/2026)
#5
Sep 23, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Anthony Andrews for Warden, Central Valley Annex Detention (Andrews, Anthony) (Entered: 09/23/2026)
Main Document:
DESIGNATION
Sep 23, 2026
SERVICE BY MAIL: 3 Immigration New Case Documents served on Deivis Willyan Diaz. (Deputy Clerk DAR)
Sep 23, 2026
Minute Order
Sep 23, 2026
Service by Mail
Sep 23, 2026
SERVICE BY MAIL: 4 Minute Order served on Deivis Willyan Diaz. (Deputy Clerk MDK)
#6
Sep 25, 2026
MOTION to DISMISS, ANSWER to 1 Petition for Writ of Habeas Corpus, and OPPOSITION to All Relief by Warden, Central Valley Annex Detention. (Andrews, Anthony) Modified on 10/1/2026 (KS). (Entered: 09/25/2026)
Main Document:
Dismiss
#7
Sep 30, 2026
ORDER signed by Chief District Judge Troy L. Nunley on 9/30/2026 PROVISIONALLY AUTHORIZING Petitioner to proceed in forma pauperis without prepayment of the filing fee, subject to Petitioner filing an application to proceed in forma pauperis within 30 days from the date of this Order and DIRECTING the Clerk of the Court to serve Petitioner with an application to proceed in forma pauperis. The appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information to Michele Krueger, Courtroom Deputy to Chief Judge Troy Nunley, within 7 days from the date of this Order. Petitioner shall file a reply within 7 days from the date counsel is appointed. (Deputy Clerk OML) (Entered: 09/30/2026)
#8
Sep 30, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 9/30/2026: The Court has been notified of Counsel's contact information, pursuant to the Order at ECF No. 7 . Attorney Linette Tobin is hereby appointed nunc pro tunc to 9/30/2026 as counsel for petitioner. The Clerk of Court shall update the docket to reflect Linette Tobin as counsel for petitioner in this matter. (TEXT ONLY ENTRY) (cc: FD, Attention: Habeas Appointment) (Deputy Clerk MCF) (Entered: 09/30/2026)
Sep 30, 2026
Service by Mail
Sep 30, 2026
Minute Order AND ~Util - Add and Terminate Attorneys
Sep 30, 2026
SERVICE BY MAIL: 7 Order and an Application to Proceed in Forma Pauperis served on Deivis Willyan Diaz. (Deputy Clerk OML)
#9
Oct 02, 2026
MOTION to APPOINT COUNSEL by Deivis Willyan Diaz. (Deputy Clerk JAW) (Entered: 10/05/2026)
Main Document:
Appoint Counsel
#10
Oct 05, 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. (Deputy Clerk KML) (Entered: 10/06/2026)
Main Document:
CONSENT/DECLINE
#11
Oct 07, 2026
FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Deivis Willyan Diaz. (Attachments: # 1 Exhibit Petitioner's Exhibits 1 - 7)(Tobin, Linette) (Entered: 10/07/2026)
Main Document:
Amended Petition for Writ of Habeas Corpus
#12
Oct 08, 2026
MINUTE ORDER issued by Relief Courtroom Deputy for Chief District Judge Troy L. Nunley on 10/8/2026: In light of Petitioner's First Amended Petition (ECF No. 11 ), Respondents' motion to dismiss (ECF No. 6 ) and Petitioner's motion for temporary restraining order (ECF No. 2 ) are denied as moot. Respondents shall file a response to the Amended Petition no later than October 15, 2027. Petitioner may file a reply by October 19, 2026. Additionally, Petitioner's motion to appoint counsel (ECF No. 9 ) is denied as moot, since counsel was appointed on September 30, 2026. (See ECF No. 8 .) (TEXT ONLY ENTRY) (Deputy Clerk RAA) (Entered: 10/08/2026)
Oct 08, 2026
Minute Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel AND Order on Motion to Dismiss AND ~Util - 1 Set/Reset Deadlines and Hearings
#13
Oct 14, 2026
In Forma Pauperis
Main Document:
In Forma Pauperis
Parties
(HC) Diaz
Party
Warden, Central Valley Annex Detention
Party