Jesse Joseph Aich v. Darrian Campbell

Summary

The United States District Court for the District of Kansas construed Jesse Joseph Aich’s response to an order to show cause as a motion for an extension of time. The court granted the extension, directed the Clerk to resend the order to show cause, and allowed Aich until June 2, 2026, to respond regarding potential dismissal of his § 2241 petition under the Ex parte Royall and Younger abstention doctrines.

Holdings

1. Because the order to show cause apparently was not delivered to Petitioner and his response did not address the issues identified in that order, the court liberally construed the response as a motion for an extension of time.
2. The motion for an extension of time was granted, and Petitioner was given until June 2, 2026, to show cause in writing why the habeas matter should not be dismissed without prejudice.

Questions Presented

1. Whether Petitioner's response should be liberally construed as a motion for an extension of time when the order to show cause apparently was not delivered to him.
2. Whether the court should grant additional time for Petitioner to respond to the order to show cause.

Disposition

other