Marti Corona v. Shaver et al

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a
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
ALEXANDRIA DIVISION
REYDEL MARTI CORONA #A099-
571-880,
Petitioner
CIVIL DOCKET NO. 1:26-CV-00868 SEC P
VERSUS 	JUDGE EDWARDS
ANDREA SHAVER ET AL,
Respondents
MAGISTRATE JUDGE PEREZ-MONTES
MEMORANDUM ORDER
Before the Court is a Petition for Writ of Habeas Corpus under 28 U.S.C. §
2241 (ECF No. 27) filed by pro se Petitioner Reydel Marti Corona ("Marti-Corona"),
an immigration detainee at the Joe Corley Processing Center in Conroe, Texas.
Marti-Corona seeks release from detention.
A court may order a respondent to file an answer, motion, or other response,
in its discretion.
	See generally 28 U.S.C. § 2243; Rule 4 of the Rules Governing §
2254 Cases;
Danforth v. Minnesota, 552 U.S. 264, 278 (2008);
Maniar v. Warden Pine
Prairie Corr. Ctr., 6:18-CV-00544, 2018 WL 4869383, at *1 (W.D. La. 2018) (Hanna,
M.J.)1. And this Court has determined that a 21 day briefing schedule is reasonable
and appropriate in similar cases.
1 Under Rule 1(b), the Rules Governing § 2254 Cases also apply to § 2241 habeas cases.
See
Hickey v. Adler, 2008 WL 835764, *2 (E.D. Cal. 2008);
Castillo v. Pratt, 162 F. Supp. 2d 575,
577 (N.D. Tex. 2001);
Wyant v. Edwards, 952 F. Supp. 348 (S.D. W.Va. 1997);
see also Taylor
v. Gusman, 20-CV-449, 2020 WL 1848073, at *1 (E.D. La. Apr. 13, 2020) (“District courts are
therefore free to apply these rules to habeas petitions brought under 28 U.S.C. § 2241”).
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Accordingly, to determine whether Marti-Corona is entitled to relief, THE
CLERK IS DIRECTED to serve a summons, a copy of the Petition (ECF No. 27), and
a copy of this Order, by certified mail, on: (1) the United States through the United
States Attorney for the Western District of Louisiana; (2) the United States Attorney
General; (3) DHS/ICE through its Office of General Counsel; and by regular mail on
(4) the Warden where Marti-Corona is detained.
IT IS ORDERED that a Response be filed within 21 days following the date of
service of the Petition on the United States Attorney for the Western District of
Louisiana, 	with 	summary 	judgment 	evidence 	regarding 	the 	lawfulness 	of 	his
detention.
IT IS FURTHER ORDERED that Petitioner shall have 7 days following the
filing of Respondents’ answer to reply.
After the record is complete and delays have run, the Court will determine if
genuine issues of material fact exist, which preclude summary judgment and
necessitate 	an 	evidentiary 	hearing. 	If 	no 	hearing 	is 	necessary, 	a 	Report 	and
Recommendation will be issued without further notice.
SIGNED on Tuesday, May 5, 2026.
_______________________________________
JOSEPH H.L. PEREZ-MONTES
UNITED STATES MAGISTRATE JUDGE
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