Tuan Minh Lam v. John Mattos

Summary

The United States District Court for the District of Nevada grants Tuan Minh Lam’s application to proceed in forma pauperis and motion for appointment of counsel in his 28 U.S.C. § 2241 habeas petition. The court appoints the Federal Public Defender, directs service of the petition, prohibits Respondents from transferring Lam out of the District, and establishes deadlines for amended pleadings and responses. The order is signed by Chief Judge Andrew P. Gordon on January 13, 2026.

Holdings

1. The application to proceed in forma pauperis is granted because good cause exists.
2. Appointment of counsel is warranted because it is in the interests of justice, including in light of the complexities of the case.
3. The petition must be served on the respondents, and the respondents must appear and respond according to the schedule established in the order.
4. Respondents shall not transfer Lam out of the District of Nevada pending resolution on the merits.

Questions Presented

1. Whether Lam should be permitted to proceed in forma pauperis.
2. Whether appointment of counsel was warranted in the interests of justice given the complexity of the habeas proceeding.
3. Whether the petition should be served on the respondents after preliminary review.
4. Whether the court should temporarily prohibit Respondents from transferring Lam out of the District of Nevada to preserve the status quo and the court's jurisdiction.

Disposition

other