Eastern District of California • 1:26-cv-08934

#1

Oct 30, 2026

2241 PETITION for WRIT of HABEAS CORPUS against Warden of Golden State Annex Detention Center by Juan Carlos Lopez Miguel. (Attachments: # 1 Civil Cover Sheet) (Deputy Clerk SZ) (Entered: 11/03/2026)

#2

Oct 30, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Juan Carlos Lopez Miguel. (Deputy Clerk SZ) (Entered: 11/03/2026)

#3

Nov 03, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Juan Carlos Lopez Miguel signed by District Judge Vince Chhabria on 11/3/2026. (Deputy Clerk SZ) (Entered: 11/03/2026)

#4

Nov 03, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk SZ) (Entered: 11/03/2026)

#5

Nov 03, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Elisa M. Rodriguez for Warden of Golden State Annex Detention Center (Rodriguez, Elisa) (Entered: 11/03/2026)

#6

Nov 03, 2026

MINUTE ORDER signed by District Judge Vince Chhabria on 11/3/2026: The 1 petition is dismissed without prejudice because it was verified by a "next of friend" who has not established standing to pursue the petition on Petitioner's behalf. Under Rule 4, the judge assigned to the habeas proceeding must examine the habeas petition and order a response to the petition unless it "plainly appears" that the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). Given the standing defect in the petition, it "plainly appears" that the Court cannot evaluate the merits until a proper petition is filed.A next of friend must have standing to pursue habeas relief on a detained individual's behalf. "In order to establish next-friend standing, the putative next friend must show: (1) that the petitioner is unable to litigate his own cause due to mental incapacity, lack of access to court, or other similar disability; and (2) the next friend has some significant relationship with, and is truly dedicated to the best interests of, the petitioner." Coal. of Clergy, Laws., and Professors v. Bush, 310 F.3d 1153, 1159-60 (9th Cir. 2002). Additionally, an individual filing a habeas petition as a next friend may not appear without counsel because individuals appearing pro se are only permitted to represent themselves, not others. See Cheema v. Warden, No. 1:26-CV-00203-DC-DMC, 2026 WL 124841, at *2 (E.D. Cal. Jan. 16, 2026). Here, the next of friend signatory of the petition has not asserted sufficient facts to establish that Petitioner was unable to file the petition on his own behalf. Further, the putative next of friend filed the petition pro se. Accordingly, the petition for Writ of Habeas Corpus is DISMISSED without prejudice to refiling.If Petitioner elects to file a new petition seeking his release or other remedy, he has options: (1) he may file a petition on his own behalf through counsel, (2) he may file a petition pro se on his own behalf, or (3) a next friend may file on his behalf with counsel, though the burden is on the next friend to establish standing to pursue the action in that capacity. The Clerk of the Court is directed to close this case. (Text Only Entry) (CASE CLOSED) (Thomas, Julia) (Entered: 11/03/2026)

Nov 03, 2026

Minute Order AND ~Util - Terminate Civil Case

Nov 03, 2026

Service by Mail

Nov 03, 2026

SERVICE BY MAIL: 4 Immigration New Case Documents, 3 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis served on Juan Carlos Lopez Miguel. (Deputy Clerk SZ)

Nov 03, 2026

SERVICE BY MAIL: 6 Minute Order served on Petitioner. (Thomas, Julia)