Summary
The United States District Court for the Middle District of Georgia grants Sayda Ayala permission to proceed as next friend on behalf of E.S.R-M. in a pro se habeas corpus action under 28 U.S.C. § 2241. The court extends the respondents’ deadline to respond to the amended application and sets a subsequent period for any reply.
Holdings
- Ayala sufficiently demonstrated E.S.R-M.'s inability to prosecute the action and her significant relationship with, and dedication to the best interests of, E.S.R-M.; therefore, she was permitted to proceed as his next friend.
- Good cause existed to extend the time for respondents to respond to the amended application; respondents were given twenty-one days to file a comprehensive response, and petitioner was allowed fourteen days thereafter to file any desired reply.
Questions Presented
- Whether Ayala sufficiently demonstrated that E.S.R-M. was unable to prosecute the habeas action because of inaccessibility and physical and linguistic barriers.
- Whether Ayala had a significant relationship with E.S.R-M. and was dedicated to protecting his best interests, as required to proceed as his next friend.
- Whether good cause existed to extend the time for respondents to respond to the amended habeas application.
Disposition
other
Cases Cited (2)
- Francis v. Warden, FCC Coleman-USP, 246 F. App’x 621, 622 (11th Cir. 2007)(followed)
- Whitmore v. Arkansas, 495 U.S. 149, 163-64 (1990)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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