(HC) Martin v. Phillips et al
| Arinda Phillips and Jim Cooper |
| Dumitru Martin |
| 2:2025cv00687 |
| February 25, 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 1, 2025. A more recent docket listing may be available from PACER.
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Filing 19
ORDER signed by District Judge Daniel J. Calabretta on 4/1/2025 DIRECTING the respondent to file an Answer or Motion to Dismiss to the #1 Petition by 5/15/25. If the respondent files an answer, the petitioner has until 6/16/25 to file a reply. If the respondent files a Motion to Dismiss, the petitioner must file an Opposition or Statement of Non-Opposition to the Motion by 6/16/25. (cc USAO) (Deputy Clerk AMW)
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| Filing 18 NOTICE of RELATED CASE(S) 2:23cv2858-AC, 2:25cv663-DJC-AC by Dumitru Martin. (Wiggin, Carolyn) |
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Filing 17
ORDER signed by District Judge Daniel J. Calabretta on 3/12/2025 ORDERING that the Court's #14 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 his immigration status; ORDERING that no bond be required under Federal Rule of Civil Procedure 65(c). (Deputy Clerk GJM)
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| Filing 16 JOINT RESPONSE AND STIPULATION by the Parties re #14 Order. (Balazs, John) Modified on 3/11/2025 (KLY). |
| Filing 15 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 14
ORDER signed by District Judge Daniel J. Calabretta on 03/07/25 GRANTING #6 Motion for TRO as follows: Respondents are ORDERED to TRANSFER Mr. Dumitru Martin back into prerelease custody. Respondents are further RESTRAINED and ENJOINED from removing Petitioner from prerelease custody based on his immigration status. This TRO shall expire on 03/21/25, at 5:00 P.M., absent further order of this Court and no bond shall be required. The parties are DIRECTED to meet and confer and file a joint response by 03/11/25, 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. If either party requests further briefing on whether a preliminary injunction should be entered, the parties shall propose a briefing schedule. (Deputy Clerk AJB)
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| Filing 13 REPLY by Dumitru Martin to #12 Opposition to Motion for Temporary Restraining Order. (Balazs, John) Modified on 3/7/2025 (AJB). |
| Filing 12 OPPOSITION by Jim Cooper, Arinda Phillips to #6 Motion for Temporary Restraining Order,. (Attachments: #1 Declaration)(Rodriguez, Michelle) |
| Filing 11 MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Daniel J. Calabretta on 03/04/2025: Respondents' Motion for Extension of Time (ECF No. #10 ) is GRANTED. Respondent shall file an Opposition to Petitioner's Motion (ECF No. #6 ) on or before 03/05/2025, at 5:00 P.M. Any Reply from Plaintiff shall be filed by 03/06/2025, at 1:00 P.M. The hearing in this matter set for 03/05/2025, at 4:00 P.M. in Courtroom 7 before District Judge Daniel J. Calabretta is VACATED. Should the Court determine it is necessary after having reviewed the briefing, the Court will reset the hearing on a later date. Nothing in this order alters any deadlines or dates set in the related case (2:25-cv-00663). [TEXT ENTRY ONLY] (Deputy Clerk RAA) |
| Filing 10 MOTION for 1-DAY EXTENSION OF TIME to RESPOND re #6 Motion for Temporary Restraining Order, by Jim Cooper, Arinda Phillips. Attorney Rodriguez, Michelle added. (Attachments: #1 Proposed Order)(Rodriguez, Michelle) |
| Filing 9 MINUTE ORDER issued by Courtroom Deputy for District Judge Daniel J. Calabretta on 3/4/2025: In response to Petitioner Dumitru Martin's Motion for Temporary Restraining Order (ECF No. #6 ), the Parties are ORDERED to adhere to the following briefing schedule: the Respondents shall file an Opposition to Petitioner's Motion on March 4, 2025; Petitioner may file a Reply by 1:00 p.m. March 5, 2025. In their Opposition, the Respondents may reference the briefing filed in 2:25-cv-00663-DJC-AC. A hearing on the matter shall be held on March 5, 2025, at 4:00 p.m., via videoconference, before District Judge Daniel J. Calabretta. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Deputy Clerk GJM) |
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Filing 8
RELATED CASE ORDER signed by District Judge Daniel J. Calabretta on 3/4/2025 REASSIGNING 2:25-cv-00687 to District Judge Daniel J. Calabretta and Magistrate Judge Allison Claire for all further proceedings. New Case Number: 2:25-cv-00687-DJC-AC. (Deputy Clerk RRB)
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| Filing 7 NOTICE of RELATED CASE(S) 2:25-cv-00687-TLN, 2:25-cv-00663-DJC by Dumitru Martin. (Balazs, John) |
| Filing 6 MOTION for TEMPORARY RESTRAINING ORDER by Dumitru Martin. (Attachments: #1 Declaration of Dumitru Martin, #2 Declaration of Counsel re Notice, #3 Declaration of Counsel re Irreparable Injury, #4 Proposed Order for TRO and OSC for Preliminary Injunction, #5 TRO Checklist)(Balazs, John) |
| Filing 5 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to Chief District Judge Troy L. Nunley and Magistrate Judge Chi Soo Kim. The new case number is: 2:25-cv-0687-TLN-CSK P. (Deputy Clerk HAH) |
| 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. (Balazs, John) |
| Filing 3 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED. Consent or Decline due by 4/3/2025. (Attachments: #1 Litigant Letter) (Deputy Clerk VLK) |
| PAYMENT for habeas petition filing fee in the amount of $ 5, receipt number ACAEDC-12065069. (Balazs, John) |
| Filing 2 CIVIL COVER SHEET filed by Dumitru Martin. (Balazs, John) |
| Filing 1 PETITION for WRIT of HABEAS CORPUS against All Defendants by Dumitru Martin. Attorney Balazs, John Paul added. (Attachments: #1 Memorandum , #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Balazs, John) |
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