Birkholz
Carlos Mercado v. Birkholz
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…