Birkholz

Carlos Mercado v. Birkholz

Good Law
United States District Court, Central District of CaliforniaMarch 6, 20252:22-cv-01285California1,102 words

Opinion

Trial Court Opinion

JS-

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CARLOS MERCADO, Case No. 2:22-01285 MEMF (ADS)

Petitioner,

ORDER SUMMARILY DISMISSING

v. PETITION FOR WRIT OF HABEAS

CORPUS

BIRKHOLZ,

Respondent.

15 I. INTRODUCTION Before the Court is a Petition for Writ of Habeas Corpus by a Person in Federal Custody (“Petition”) under 28 U.S.C. § 2241 filed by Petitioner Carlos Mercado (“Petitioner”). (Dkt. No. 1.) On October 26, 2022, the Court issued an Order Regarding Screening of Petition (“OSP”) because 28 U.S.C. § 2241 and the savings clause in 28 U.S.C. § 2255 do not appear to apply, Ground Three is vague and ambiguous, and the Petition appears to be untimely. (Dkt. No. 6.) Petitioner did not file a response to the OSP by the November 16, 2022. deadline. (Id.) As a result, on December 2, 2022, the Court issued an Order to Show Cause (“OSC”), ordering Petitioner to show cause by December 16, 2022…

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