Louis v. Warden, Otay Mesa Detention Center

3:26-cv-01247Casd4 de mar. de 2026

Abrir fonte

Texto completo

1
3:26-cv-1247-CAB-BJW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
EDMOND LOUIS,
Petitioner,
v.
WARDEN, OTAY MESA DETENTION
CENTER,
Respondent.
Case No.: 3:26-cv-1247-CAB-BJW
ORDER DISMISSING PETITION
WITH LEAVE TO AMEND
Petitioner Edmond Louis, an immigration detainee proceeding pro se,1 has filed a
petition for a writ of habeas corpus pursuant to 8 U.S.C. § 2241. [Doc. No. 1 (“Petition”).]
Petitioner alleges that he is unlawfully detained by Immigration and Customs Enforcement
(“ICE”) at the Otay Mesa Detention Center in San Diego, California. [Id. at 1.]
The Court DISMISSES the petition with leave to amend because the Petition is
missing crucial information for the Court to evaluate whether a response is warranted. See
Kourteva v. I.N.S., 151 F. Supp. 2d 1126, 1128 (N.D. Cal. 2001) (“Summary dismissal is
1 Petitioner may be interested in contacting Federal Defenders of San Diego to see if a Federal Defender
can represent Petitioner in this matter. The telephone number for Federal Defenders’ San Diego Office is
619-234-8467 (Toll Free: 888-614-9867) and the El Centro Office is 760-335-3510 (Toll Free: 877-404-
9063).
Case 3:26-cv-01247-CAB-BJW Document 2 Filed 03/04/26 PageID.<pageID> Page
1 of 2
2
3:26-cv-1247-CAB-BJW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
appropriate only where the allegations in the petition are vague or conclusory, palpably
incredible, or patently frivolous or false.”) 	For example, Petitioner alleges that he was
detained by ICE as he was leaving court but no federal charges have been filed against him
and he has no pending order of removal. [Id.] However, he includes no other information
relevant to his Petition, such as how or when he entered the United States, when or under
what conditions he was previously out of detention, why he was in court the date he was
detained, or the current state of his immigration proceedings.
If Petitioner wishes to proceed with this case, he must file a First Amended Petition
within thirty (30) days of the date of this Order. 	The First Amended Petition must be
complete in itself without reference to the original Petition. Defendants not named and any
claim not re-alleged will be considered waived. See CivLR 15.1(a).
It is SO ORDERED.
Dated: March 4, 2026
Case 3:26-cv-01247-CAB-BJW Document 2 Filed 03/04/26 PageID.<pageID> Page
2 of 2

Continue sua pesquisa no ChatGPT ou Claude

Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.