(HC) Kuzmenko v. Phillips et al
| Vera Kuzmenko |
| Arinda Phillips and Jim Cooper |
| 2:2025cv00663 |
| February 24, 2025 |
| U.S. District Court for the Eastern District of California |
| Daniel J Calabretta |
| Allison Claire |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus |
| None |
Docket Report
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This docket was last retrieved on April 21, 2025. A more recent docket listing may be available from PACER.
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| Filing 25 TRANSCRIPT of Temporary Restraining Order held on 3-5-2025, before District Judge Daniel J. Calabretta, filed by Court Reporter Maryann Valenoti, Phone number 916-930-4275 E-mail mvalenotirmrcrr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 5/12/2025. Redacted Transcript Deadline set for 5/22/2025. Release of Transcript Restriction set for 7/21/2025. (Valenoti, Maryann) |
| Filing 24 TRANSCRIPT REQUEST by Jim Cooper, Arinda Phillips for proceedings held on 03/05/2025 before Judge Daniel J. Calabretta. Court Reporter Maryann Valenoti. (Rodriguez, Michelle) |
Filing 23
ORDER signed by District Judge Daniel J. Calabretta on 4/1/2025 ORDERING Respondent to file a response to Petitioner's #1 Petition for Writ of Habeas Corpus on or before 5/15/2025; ORDERING Petitioner to file a reply on or before 6/16/2025. (Deputy Clerk GJM)
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| Filing 22 STIPULATION and PROPOSED ORDER to Modify Briefing Schedule by Parties. (Rodriguez, Michelle) Modified on 3/31/2025 (KS). |
| Filing 21 NOTICE of RELATED CASE(S) 2:23cv2858-AC, 2:25cv687-DJC-AC by Vera Kuzmenko. (Wiggin, Carolyn) |
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Filing 20
ORDER signed by District Judge Daniel J. Calabretta on 3/12/2025 ORDERING that the Court's #18 Temporary Restraining Order be ADOPTED as an Order for Preliminary Injunction; ORDERING Respondents to transfer Petitioner back into prerelease custody; RESTRAINING and ENJOINING Respondents from removing Petitioner from prerelease custody based on her immigration status; ORDERING that no bond be required under Fed. R. Civ. P. 65(c). (Deputy Clerk GJM)
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| Filing 19 JOINT RESPONSE and STIPULATION by the Parties to #18 Order. (Wiggin, Carolyn) Modified on 3/11/2025 (KLY). |
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Filing 18
AMENDED ORDER signed by District Judge Daniel J. Calabretta on 3/10/2025 GRANTING #6 Motion for Temporary Restraining Order; ORDERING Respondents to transfer Petitioner back into prerelease custody; RESTRAINING and ENJOINING Respondents from removing Petitioner from prerelease custody based on her immigration status. This Temporary Restraining Order granted here shall expire on 3/20/2025, at 5:00 P.M., absent further order of this Court. No bond shall be required under FRCP 65(c). Parties are directed to meet and confer as to whether any further evidence or briefing need be presented or whether the Court may adopt this order as a preliminary injunction pending a final adjudication on the merits and to file a joint response outlining their position(s) no later than 3/10/2025. (cc: U.S. Probation; U.S. Marshal) (Deputy Clerk KEZ)
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| Filing 17 MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Daniel J. Calabretta on 03/07/2025: Pursuant to Local Rule 302(d), District Judge Daniel J. Calabretta WITHDRAWS the automatic reference of this matter to a Magistrate Judge and RETAINS it for all further proceedings. Any future Motions or filings shall be brought before Judge Calabretta unless expressly referred to the assigned Magistrate Judge by the Court. [TEXT ENTRY ONLY] (Deputy Clerk RAA) |
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Filing 16
ORDER signed by District Judge Daniel J. Calabretta on 3/6/2025 GRANTING #6 Motion for Temporary Restraining Order; ORDERING Respondents to transfer Petitioner back into prerelease custody; RESTRAINING and ENJOINING Respondents from removing Petitioner from prerelease custody based on her immigration status; DIRECTING the parties to meet and confer as to whether any further evidence or briefing need be presented or whether the Court may adopt this order as a preliminary injunction pending a final adjudication on the merits and to file a joint response outlining their position(s) no later than March 10, 2025. (cc: U.S. Probation; U.S. Marshal) (Deputy Clerk GJM)
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| Filing 15 REPLY by Vera Kuzmenko to Opposition to #6 Motion for Temporary Restraining Order. (Wiggin, Carolyn) |
| Filing 14 MINUTES FOR MOTION HEARING held via video conference before District Judge Daniel J. Calabretta on 3/5/2025. Carolyn Wiggin appeared for Petitioner. Michelle Rodriguez for Respondents. Petitioner may file sur-reply limited to new arguments raised in the Opposition filed in 2:25-cv-00687-DJC-AC by 12:00 PM, 3/6/2025. The Petitioner's #6 Motion for Temporary Restraining Order will be ordered submitted at that time. Court Reporter: Maryann Valenoti. [TEXT ENTRY ONLY] (Deputy Clerk RAA) |
| Filing 13 REPLY by Vera Kuzmenko to #6 Motion for Temporary Restraining Order. (Wiggin, Carolyn) |
| Filing 12 MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 3/4/2025: On the Court's own motion, the hearing on Petitioner's #6 Motion for Temporary Restraining Order, set for 3/5/2025 at 4:00 PM, will be held via videoconference. IT IS SO ORDERED. [TEXT ENTRY ONLY] (Deputy Clerk GJM) |
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Filing 11
RELATED CASE ORDER signed by District Judge Daniel J. Calabretta on 3/4/2025 RELATING Cases: 2:25-cv-00663-DJC-AC and 2:25-cv-00687-TLN-CSK. (Deputy Clerk RRB)
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| Filing 10 OPPOSITION by Respondents to #6 Motion for Temporary Restraining Order. Attorney Rodriguez, Michelle added. (Attachments: #1 Declaration)(Rodriguez, Michelle) Modified on 3/10/2025 (KLY). |
| Filing 9 NOTICE of RELATED CASE(S) 2:25-cv-00663-DJC, 2:25-cv-00687-TLN by Vera Kuzmenko. (Balazs, John) |
| Filing 8 MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 2/28/2025: In response to Petitioner Vera Kuzmenko's Motion for Temporary Restraining Order (ECF No. #6 ), the Court ORDERS the parties to adhere to the following briefing schedule: Respondent shall file an Opposition to Petitioner's motion on or before 5:00 PM on Monday, 3/3/2025; Petitioner shall file a Reply on or before 5:00 PM on Tuesday, 3/4/2025. The Parties are ORDERED to appear for a hearing on the matter on 3/5/2025 at 4:00 PM in Courtroom 7 before District Judge Daniel J. Calabretta. [TEXT ENTRY ONLY] (Deputy Clerk GJM) |
| Filing 7 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Daniel J. Calabretta and Magistrate Judge Allison Claire. The new case number is: 2:25-cv-0663-DJC-AC P. (Deputy Clerk HAH) |
| Filing 6 MOTION for TEMPORARY RESTRAINING ORDER by Vera Kuzmenko. (Attachments: #1 Exhibit TRO Checklist, #2 Declaration of Wiggin Re Efforts to Effect Notice, #3 Declaration of Wiggin Re Irreperable Injury, #4 Proposed Order)(Wiggin, Carolyn) Modified on 3/3/2025 (KLY). |
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Filing 5
ORDER signed by Magistrate Judge Allison Claire on 02/26/2025 DIRECTING RESPONDENT to File a Response to Petition within 30 days. If the response to the habeas petition is an answer, Petitioner's reply, if any, shall be filed and served within 30 days after service of the answer. (Deputy Clerk KS)
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| Filing 4 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. (Wiggin, Carolyn) |
| RECEIPT number 200011609 for $5.00 for Vera Kuzmenko from C Wiggin. (Deputy Clerk RRB) |
| Filing 3 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 3/31/2025. (Attachments: #1 Litigant Letter) (Deputy Clerk VLK) |
| Filing 2 CIVIL COVER SHEET filed by Vera Kuzmenko. (Wiggin, Carolyn) |
| Filing 1 PETITION for WRIT of HABEAS CORPUS against All Respondents by Vera Kuzmenko. (Attachments: #1 Memorandum of Law, #2 Exhibit A (Declaration of Vera Kuzmenko), #3 Exhibit B (Supervision Plan), #4 Exhibit C (Letter from Uzbekistan), #5 Exhibit D (FSA Time Credit Assessment), #6 Exhibit E (BOP January 30 2025 Memo re Immigration Detainers), #7 Exhibit F (Approval of Transfer), #8 Exhibit G (BOP Program Statement and Updates), #9 Exhibit H (Trulinks announcement re detainer policy), #10 Exhibit I (BOP Travel Plan))(Wiggin, Carolyn) |
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