Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JOSE PAZ DURAN,
Petitioner,
v. 	No. 1:26-cv-1201-SMD-LF
FNU LNU, Warden, Torrance County Detention Facility,
Respondent.
ORDER GRANTING MOTION FOR EXTENSION AND
MOTION TO PROCEED IN FORMA PAUPERIS
THIS MATTER is before the Court on Petitioner’s Motion for Extension of Time.
(Doc. 5). 	Petitioner is proceeding pro se and is detained at the Torrance County Detention Center.
Petitioner initiated this proceeding by filing a petition raising claims regarding, inter alia, mailing
issues at the facility, lack of library access, and lack of access to legal resources. 	(Doc. 1) at 1-5.
On April 21, 2026, the Court directed Petitioner to file an amended Section 2241 petition, or a
different complaint form if he does not seek habeas relief under Section 2241, no later than May
12, 2026. 	(Doc. 3) (Order Directing Amendment). 	Petitioner asks the Court to extend this
deadline due to delays accessing legal resources. 	(Doc. 5) at 2. 	The Court grants the Motion for
Extension of Time and will extend Petitioner’s deadline to file an amended Section 2241 Petition
to June 29, 2026. 	As explained in the Order Directing Amendment, Petitioner should include
details about what relief he seeks, including what process he has received in Immigration Court if
he seeks relief relating to his immigration detention. 	The failure to timely file a petition stating
what claims Petitioner is pursuing may result in dismissal of this mixed pleading without prejudice
to filing individual cases raising either habeas or civil rights claims.
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Also before the Court is Petitioner’s Motion to Proceed In Forma Pauperis. 	(Doc. 4). 	It
appears Petitioner is unable to prepay the $5.00 habeas filing fee. The Court will grant the Motion
to Proceed In Forma Pauperis (Doc. 4) pursuant to 28 U.S.C. § 1915(b)(4), and Petitioner shall be
excused from prepaying the filing fee.
IT IS THEREFORE ORDERED that Petitioner’s Motion for Extension of Time (Doc. 5)
is GRANTED, and Petitioner’s deadline to file an amended petition as specified in the Order
Directing Amendment, Doc. 3, is extended to June 29, 2026.
IT IS FURTHER ORDERED that Petitioner’s Motion to Proceed In Forma Pauperis.
(Doc. 4) is GRANTED.
________________________________
SARAH M. DAVENPORT
UNITED STATES DISTRICT JUDGE
Case 1:26-cv-01201-SMD-LF Document 6 Filed 05/13/26 Page 2 of 2