Roberto Antonio Pernalete Ures v. Warden of the Mesa Verde Detention Facility, et al.

Summary

The United States District Court for the Eastern District of California denied as moot an immigration detainee's application to proceed in forma pauperis because the filing fee had already been paid. The court granted the motion to appoint counsel, directed appointment and service procedures, required the parties to submit a briefing schedule, and prohibited transferring the petitioner outside the district pending further order.

Holdings

1. The application to proceed in forma pauperis was denied as moot because Petitioner had already paid the required filing fee.
2. The court appointed the Federal Defender to represent Petitioner because of the complexity of the legal issues and the possibility that Petitioner could obtain relief if his claimed constitutional violation were proved.
3. Respondent was ordered not to transfer Petitioner outside the Eastern District of California pending further order of the court.

Questions Presented

1. Whether the application to proceed in forma pauperis should be denied as moot because Petitioner had already paid the filing fee.
2. Whether counsel should be appointed for an indigent or unrepresented § 2241 petitioner when the legal issues are complex and the alleged constitutional violation, if proved, may warrant relief.
3. Whether Respondent should be prohibited from transferring Petitioner outside the district to preserve the court's jurisdiction over the pending § 2241 petition.

Disposition

other