Huerta v. Warden

Aug 4, 2026

1:26-cv-06452

ORDER TO ANSWER

MARY KAY VYSKOCIL, United States District Judge:

On July 29, 2026, Petitioner, proceeding through his next friend, filed a petition for a writ of habeas corpus pursuant to Title 28, United States Code, Section 2241. [ECF No. 1] (the “Petition“]. The same day, the Court entered an Order directing payment of the filing fee or the filing of an application to proceed in forma pauperis. [ECF No. 3].

Petitioner thereafter filed an amended petition. [ECF No. 4] (the “Amended Petition“). In addition, the Parties submitted letters concerning the Court‘s retention of jurisdiction over this case after the Petitioner had been transfer to Pennsylvania. [ECF Nos. 5–7]. The Parties agreed—as does the Court—that “[b]ecause this Court acquired habeas jurisdiction at the time [the Petition] was filed given Petitioner‘s presence in this District, his subsequent transfer out of this District does not impair this Court‘s jurisdiction over the case.” [ECF No. 7]. The filing fee was paid today, August 4, 2026.

Accordingly, IT IS HEREBY ORDERED that the Government shall respond to the Amended Petition by August 7, 2026. IT IS FURTHER ORDERED that Petitioner shall submit any reply by August 12, 2026.

The Clerk of Court respectfully is requested to mail a copy of this Order to Petitioner at the address he provided.

SO ORDERED.

MARY KAY VYSKOCIL

United States District Judge

Date: August 4, 2026

New York, NY