Eastern District of California • 1:26-cv-08452

(HC) Cuellar v. Warden of the Central Valley Annex

Completed

Case Information

Filed: October 15, 2026
Assigned to: Kirk E. Sherriff
Referred to: Erica Grosjean
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus
Completed: October 20, 2026
Last Activity: October 20, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 04, 2026
APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00 (IFP Motion filed), filed by Livan Ramos Cuellar.Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (kma) [Transferred from flsd on 10/15/2026.] (Entered: 08/04/2026)
Main Document: APPLICATION/PETITION
#2
Aug 04, 2026
Judge Assignment to Judge Aileen M. Cannon (kma) [Transferred from flsd on 10/15/2026.] (Entered: 08/04/2026)
#3
Aug 04, 2026
MOTION for Leave to Proceed in forma pauperis by Livan Ramos Cuellar. Responses due by 8/18/2026. (kma) [Transferred from flsd on 10/15/2026.] (Entered: 08/04/2026)
Main Document: MOTION
#4
Aug 07, 2026
ORDER DENYING 3 MOTION TO PROCEED IN FORMA PAUPERIS AND GRANTING LEAVE TO RE-FILE. On or before August 28, 2026, Petitioner shall either pay the Clerk's filing fee of $5.00 or, in the alternative, file a renewed motion for leave to proceed in forma pauperis on the authorized form (AO 239) provided with this order, with supporting financial affidavit, and a full account statement of all deposits and withdrawals. Filing Fee or IFP Motion due by 8/28/2026. Signed by Judge Aileen M. Cannon on 8/7/2026. See attached document for full details. (Attachments: # 1 Application to Proceed in IFP (Long Form)) (kma) [Transferred from flsd on 10/15/2026.] (Entered: 08/07/2026)
Main Document: ORDER
#5
Aug 07, 2026
Clerk's Notice of Compliance re 4 Order on Motion for Leave to Proceed in forma pauperis: copy of ECF no. 4 along with this Court's long form motion for leave to proceed in forma pauperis (AO 239) mailed to the Petitioner at Krome North SPC. (kma) [Transferred from flsd on 10/15/2026.] (Entered: 08/07/2026)
#6
Aug 07, 2026
Defendant's MOTION to Dismiss 1 Application/Petition (Complaint) for Writ of Habeas Corpus Transfer to the Eastern District of California by Krome North Service Processing Center, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Attorney MaryEllen M. Farrell Gieseler added to party Krome North Service Processing Center(pty:dft), Attorney MaryEllen M. Farrell Gieseler added to party U.S. Department of Homeland Security(pty:dft), Attorney MaryEllen M. Farrell Gieseler added to party U.S. Immigration and Customs Enforcement(pty:dft). Responses due by 8/21/2026. (Attachments: # 1 Exhibit A, Detention History)(Gieseler, MaryEllen) [Transferred from flsd on 10/15/2026.] (Entered: 08/07/2026)
Main Document: Defendant's
#7
Oct 14, 2026
ORDER GRANTING MOTION AND TRANSFERING PETITION TO THE EASTERN DISTRICT OF CALIFORNIA granting 6 Motion to Dismiss. Closing Case. Signed by Judge Aileen M. Cannon on 10/14/2026. See attached document for full details. (ksr) [Transferred from flsd on 10/15/2026.] (Entered: 10/15/2026)
Main Document: Order on Motion to Dismiss
#8
Oct 15, 2026
CASE TRANSFERRED IN from District of Florida Southern; Case Number 1:26-cv-25247. (Entered: 10/15/2026)
Main Document: Case Transferred In - District Transfer
#9
Oct 15, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Order re Consent) (Deputy Clerk JPX) (Entered: 10/15/2026)
Main Document: Immigration New Case Documents
#10
Oct 15, 2026
DESIGNATION of COUNSEL FOR SERVICE. Attorney Anthony Andrews added for All Respondents. (Andrews, Anthony) Modified on 10/21/2026 (KS). (Entered: 10/15/2026)
Main Document: DESIGNATION
Oct 15, 2026
SERVICE BY MAIL: 9 Immigration New Case Documents served on Livan Ramos Cuellar. (Deputy Clerk JPX)
Oct 15, 2026
Service by Mail
#11
Oct 16, 2026
ORDER signed by Magistrate Judge Chi Soo Kim on 10/16/2026. The Clerk of the Court is directed to substitute the Warden of the Central Valley Annex as respondent. Petitioner Livan Ramos Cuellar (A-072-845-751) is granted 10 days to either pay the court's filing fee or file an application to proceed in forma pauperis. Respondents are directed to file an answer or motion to dismiss within 7 days from the date of this order. Respondents are warned that the failure to respond to the petition will be interpreted as non-opposition to granting the relief requested in the habeas petition. Petitioner's reply/traverse to an answer or opposition to a motion to dismiss, if any, is due within 10 days after being served with a copy of respondents' answer or motion to dismiss. A reply by respondents to an opposition to a motion to dismiss is due within 7 days after being served with the opposition. The Clerk of the Court shall send petitioner an application to proceed in forma pauperis. Each party proceeding without counsel shall keep the court informed of the current address at all times while the action is pending. (Deputy Clerk LMS) (Entered: 10/16/2026)
Main Document: Order AND ~Util - Add and Terminate Parties
#12
Oct 16, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Quinn Disparte, GOVT for Krome North Service Processing Center,Quinn Disparte, GOVT for U.S Department of Homeland Security,Quinn Disparte, GOVT for U.S Immigration and Customs Enforcement,Quinn Disparte, GOVT for Warden of the Central Valley Annex, attorney Anthony Andrews terminated (Andrews, Anthony) (Entered: 10/16/2026)
Main Document: DESIGNATION
#13
Oct 16, 2026
NOTICE of RELATED CASE(S) 1:26-cv-06686-KES-EPG by Krome North Service Processing Center, U.S Department of Homeland Security, U.S Immigration and Customs Enforcement, Warden of the Central Valley Annex. (Disparte, Quinn) (Entered: 10/16/2026)
Main Document: Notice of Related Case
Oct 16, 2026
SERVICE BY MAIL: 11 Order, served on Livan Ramos Cuellar, together with a new IFP form. (Deputy Clerk LMS)
Oct 16, 2026
Service by Mail
#14
Oct 19, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 10/19/2026: (Text Only Entry). Examination of this action reveals that it is related to Ramos v. Albarran et al., 1:26-cv-06686-KES-EPG, within the meaning of Local Rule 123(a). See Local Rule 123(a)(1), (2). Accordingly, the assignment of this matter to the same judge and magistrate judge as in Ramos v. Albarran et al., 1:26-cv-06686-KES-EPG, is likely to effect a substantial savings of judicial effort and is likely to be convenient for the parties. It is hereby ORDERED that 1:26-cv-08452-DC-CSK is reassigned from District Judge Dena M. Coggins and Magistrate Judge Chi Soo Kim to District Judge Kirk E. Sherriff and Magistrate Judge Erica P. Grosjean. The caption on documents filed in the reassigned case shall be shown as 1:26-cv-08452-KES-EPG. (Deputy Clerk VMG) (Entered: 10/19/2026)
Oct 19, 2026
SERVICE BY MAIL: 14 Minute Order, served on Livan Ramos Cuellar. (Deputy Clerk VMG)
Oct 19, 2026
Minute Order
Oct 19, 2026
Service by Mail
#15
Oct 20, 2026
MINUTE ORDER signed by District Judge Kirk E. Sherriff on 10/20/2026: (Text Only Entry). The Court has reviewed the filings in this case and in Ramos v. Albarran et al., 1:26-cv-06686-KES-EPG. After reviewing the filings in each case, the Court finds that this case (1:26-cv-08452-KES-EPG) involves the same petitioner, alleges similar facts, and requests identical relief as case no. 1:26-cv-06686-KES-EPG. A court may dismiss one action as duplicative of another. See M.M. v. Lafayette Sch. Dist., 681 F.3d 1082, 1091 (9th Cir. 2012). Because this action is essentially identical to case no. 1:26-cv-06686-KES-EPG, this case (1:26-cv-08452-KES-EPG) is DISMISSED AS DUPLICATIVE. The Clerk of Court is directed to CLOSE this case and terminate any pending motions as moot. (Deputy Clerk VMG) (Entered: 10/20/2026)
Oct 20, 2026
Minute Order
Oct 20, 2026
Service by Mail
Oct 20, 2026
SERVICE BY MAIL: 15 Minute Order, served on Livan Ramos Cuellar. (Deputy Clerk VMG)

Parties

(HC) Cuellar
Party
Warden of the Central Valley Annex
Party