Casey

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Rodolfo Daniel GOMEZ GOMEZ, Case No.: 25-cv-3674-AGS-AHG Petitioner, ORDER REQUIRING RESPONSE v. Jeremy CASEY, et al., Respondents. 8 Petitioner Rodolfo Gomez Gomez, who is in immigration detention, seeks a writ of habeas corpus under 28 U.S.C. § 2241 and moves for a temporary restraining order. (See ECF 1; ECF 2.) As for his habeas petition, at this stage he need only make out a claim that is sufficiently cognizable to warrant a response. See Rules Governing Section 2254 Cases in the United States District Courts, Rule 4 (authorizing summary dismissal “if it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief”); id., Rule 1(b) (permitting application of Rules Governing Section 2254 Cases to any “habeas corpus petition”). In this context, the relevant federal rules permit “summary dismissal of claims that are clearly not cognizable.” Neiss v. Bludworth, 114 F.4th 1038, 1045 (9th Cir. 2024) (cleaned…