Prokopev v. LaRose et al.

Summary

The United States District Court for the Southern District of California grants Nikita Prokopev’s application to proceed in forma pauperis in a 28 U.S.C. § 2241 habeas petition. The court orders respondents to show cause, sets a briefing schedule, and stays petitioner’s removal from the United States or the district pending further order to preserve jurisdiction.

Holdings

1. Petitioner was permitted to proceed in forma pauperis because he attested that he lacked the means to pay the filing fee.
2. Respondents were ordered to show cause why the petition should not be granted and to file a written response by December 15, 2025; petitioner was permitted to file an optional traverse by December 17, 2025.
3. The court stayed petitioner's removal from the United States or the Southern District of California unless and until the court ordered otherwise, in order to preserve jurisdiction and the status quo pending resolution of the matter.

Questions Presented

1. Whether petitioner should be permitted to proceed in forma pauperis.
2. Whether respondents should be required to respond to the § 2241 habeas petition.
3. Whether the court should stay petitioner's removal to preserve jurisdiction and the status quo while the petition and the court's subject-matter jurisdiction remained pending.

Disposition

other