Ponomarenko v. Rokosky et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Georgii Ponomarenko,
Petitioner,
v.
Unknown Party, et al.,
Respondents.
No. CV-26-00107-PHX-KML (CDB)
ORDER
On February 4, 2026, the court granted petitioner’s original petition for writ of
habeas corpus and closed this case. The order granting the petition ordered respondents
provide him with a bond hearing or release him from custody. (Doc. 9.) Respondents
provided petitioner with a bond hearing on February 10, 2026, but bond was denied
allegedly because petitioner “failed to prove he is not a flight risk.” (Doc. 14 at 2.)
Petitioner then filed another petition that was docketed in this case as an amended petition.
(Doc. 14.) Because this case was already closed, the court will docket the latest petition as
a new case.
The latest petition alleges the February 10, 2026, bond decision “did not identify
specific facts supporting detention” and “did not meaningfully consider less restrictive
alternatives to detention.” (Doc. 14 at 2.) The petition further alleges “[a] bond denial based
solely on a conclusory assertion does not satisfy the Fifth Amendment Due Process
Clause.” (Doc. 14 at 2.) Respondents must answer the petition.
IT IS ORDERED the Clerk of Court shall file the petition at Doc. 14 and a copy of
Case 2:26-cv-01430-KML--CDB Document 1 Filed 03/02/26 Page 1 of 3

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this order in a new case. All future filings shall be made in the new case and not in CV-26-
107.
IT IS FURTHER ORDERED within 30 days of the date this Order is filed, petitioner
must either pay the $5.00 filing fee or file a complete Application to Proceed In Forma
Pauperis. If petitioner fails to either pay the $5.00 filing fee or file a complete Application
to Proceed In Forma Pauperis within 30 days, the Clerk of Court must enter a judgment of
dismissal of this action without prejudice and without further notice to petitioner and deny
any pending unrelated motions as moot.
IT IS FURTHER ORDERED the Clerk of Court shall update the docket in the
new case to reflect respondent Eric Rokosky as Warden of Eloy Detention Center.
IT IS FURTHER ORDERED the Clerk of Court must serve a copy of the
Summons, the Petition and this Order upon the United States Attorney for the District of
Arizona by certified mail addressed to the civil process clerk at the office of the United
States Attorney pursuant to Rule 4(i)(1)(A) of the Federal Rules of Civil Procedure. The
Clerk of Court must also send by certified mail a copy of the Summons, the Petition, and
this Order to the United States Attorney General pursuant to Rule 4(i)(1)(B) and to
Respondent pursuant to Rule 4(i)(2) of the Federal Rules of Civil Procedure.
IT IS FURTHER ORDERED the Clerk of Court must immediately transmit by
email a copy of this Order and the Petition to the United States Attorney for the District of
Arizona, to the attention of Melissa Kroeger at melissa.kroeger@usdoj.gov, Lon Leavitt at
lon.leavitt@usdoj.gov, Theo Nickerson at Theo.Nickerson2@usdoj.gov, Dina
Anagnopoulos at Dina.Anagnopoulos@usdoj.gov, and Mary Finlon at
Mary.Finlon@usdoj.gov.
/
/
/
/
/
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IT IS FURTHER ORDERED respondent must answer the Petition within 20 days
of the date of service. Petitioner may file a reply within 10 days from the date of service
of the answer.
Dated this 27th day of February, 2026.
Case 2:26-cv-01430-KML--CDB Document 1 Filed 03/02/26 Page 3 of 3