Rash

Mohammad Rash v. Christopher Larose, Warden of Otay Mesa Detention Center, et al.

Good Law
United States District Court, Southern District of CaliforniaJanuary 2, 20263:26-cv-00008California513 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MOHAMMAD RASH, Case No.: 26cv0008-LL-DEB

Petitioner,

ORDER SCREENING PETITION,

v. SETTING BRIEFING SCHEDULE,

AND ISSUING LIMITED

CHRISTOPHER LAROSE, Warden of

INJUNCTION

Otay Mesa Detention Center, et al., 15 Respondents. [ECF No. 1]

17 Pending before the Court is Petitioner Mohammad Rash’s Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. ECF No. 1. Courts must screen habeas petitions and dismiss them “if it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief.” See Rules Governing Section 2254 Cases in the United States District Courts, Rule 4; id., Rule 1(b) (permitting use of Rules Governing Section 2254 Cases to any “habeas corpus petition”). To survive screening, a petitioner need only make out a claim that is sufficiently “cognizable” to warrant a return or answer from the government. See Neiss v. Bludworth, 114 F.4th 1038, 1045 (9th Cir. 2024).…

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