(HC) Nguyen Tran v. Chestnut et al

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
QUAN NGUYEN TRAN,
Petitioner,
v.
CHRISTOPHER CHESTNUT, et al.,
Respondents.
Case No. 1:25-cv-1816-DAD-JDP (P)
ORDER
Petitioner, an immigration detainee who is representing himself, filed a petition for a writ
of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner has also filed an application to proceed
in forma pauperis, ECF No. 5, and a motion for appointed counsel, ECF No. 6.1 The court has
conducted a preliminary review of the petition pursuant to Rule 4 of the Rules Governing Habeas
Corpus Cases Under Section 2254.2
Petitioner’s motion for the appointment of counsel, ECF No. 6, is granted. In light of the
complexity of the legal issues involved, the court has determined that the interests of justice
require the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look,
1 Petitioner filed a motion to proceed in forma pauperis, ECF No. 5, but also paid the
$5.00 filing fee. Accordingly, his motion will be denied as moot.
2 Rule 1(b) of the Rules Governing Habeas Corpus Cases Under Section 2254 allows a
district court to apply any or all of the rules to other types of habeas corpus petitions including
§ 2241 petitions.
Case 1:25-cv-01816-JDP Document 7 Filed 01/05/26 Page 1 of 3

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718 F.2d 952, 954 (9th Cir. 1983). Within seven days of this order, the appointing authority for
the Eastern District of California shall identify counsel and send counsel’s contact information to
ncannarozzi@caed.uscourts.gov, and counsel will be added as counsel for petitioner. If counsel
is not a member of the Eastern District of California Criminal Justice Act Panel, within seven
days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro
hac vice.
In accordance with the above, IT IS HEREBY ORDERED that:
1. 1. Petitioner’s application to proceed in forma pauperis, ECF No. 5, is DENIED as
moot in light of his payment of the filing fee.
2. Petitioner’s request for appointment of counsel, ECF No. 6, is GRANTED.
3. The Clerk of the Court shall serve a copy of this order together with a copy of
petitioner’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the Federal
Defender, Attention: Habeas Appointment.
4. Within seven days of this order, the appointing authority for the Eastern District of
California shall identify counsel and send counsel’s contact information to
ncannarozzi@caed.uscourts.gov, and counsel will be added as counsel for petitioner. If counsel
is not a member of the Eastern District of California Criminal Justice Act Panel, within seven
days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro
hac vice.
5. The Clerk of the Court shall serve a copy of this order together with a copy of
petitioner’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United
States Attorney.
6. Within seven days of petitioner’s counsel appearing, the parties shall file a joint status
report addressing any motions the parties anticipate filing and a proposed briefing schedule for
such motions.
Case 1:25-cv-01816-JDP Document 7 Filed 01/05/26 Page 2 of 3

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IT IS SO ORDERED.
Dated: January 5, 2026
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE
Case 1:25-cv-01816-JDP Document 7 Filed 01/05/26 Page 3 of 3