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3:26-cv-00875Casd20 de fev. de 2026

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ACHU KINGSLEY ACHIDI,
Petitioner,
v.
JEREMY CASEY,
Respondent.
Case No. 26-cv-00875-BAS-BJW
ORDER:
(1) 	REQUIRING THE
GOVERNMENT TO RESPOND
TO AMENDED PETITION
FOR WRIT OF HABEAS
CORPUS (ECF No. 5); AND
(2) 	SETTING HEARING ON
AMENDED PETITION
Petitioner Achu Kingsley Achidi filed a pro se Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241. 	(ECF No. 1.) 	The Court referred the matter to Federal
Defenders of San Diego, Inc., for consideration of appointment of counsel. (ECF No. 3.)
Federal Defenders responded by filing an Amended Petition on February 18, 2026. (ECF
No. 5.) Accordingly, the Court confirms appointment of Federal Defenders as counsel for
Petitioner.
Having reviewed the Amended Petition, the Court finds summary dismissal is
unwarranted at this time. 	See Kourteva v. INS, 151 F. Supp. 2d 1126, 1128 (N.D. Cal.
Case 3:26-cv-00875-BAS-BJW Document 8 Filed 02/20/26 PageID.<pageID> Page
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2001) (“Summary dismissal is appropriate only where the allegations in the petition are
vague or conclusory, palpably incredible, or patently frivolous or false.”). Therefore, the
Court will order the Government to respond to the Amended Petition and set a hearing.
Accordingly, the Court ORDERS as follows:
1. 	The Government must file a response to the Amended Petition no later than
February 27, 2026. 	The Government’s response must address the allegations in the
Amended Petition and must include any documents relevant to the determination of the
issues raised in the Amended Petition.
2. 	Petitioner may file a reply in support of his Amended Petition no later than
March 6, 2026.
3. 	The parties must appear in Courtroom 12B on March 13, 2026, at 11:30 a.m.
for a hearing on the Amended Petition.
4. 	The Clerk of Court shall provide the Civil Division of the U.S. Attorney’s
Office with a copy of the Amended Petition (ECF No. 5) and this Order.
IT IS SO ORDERED.
DATED: February 20, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
Case 3:26-cv-00875-BAS-BJW Document 8 Filed 02/20/26 PageID.<pageID> Page
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