Muhammed Hussain Muhammed v. Warden Langford

Background

On September 7, 2022, Petitioner Muhammed Hussain Muhammed (“Petitioner”) filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (“Section 2241”) (“Petition”). (Pet., ECF No. 1.) The Petition alleges one ground for relief: that Petitioner’s sentence was imposed in violation of the five-year maximum sentence provided under 18 U.S.C. § 924(c). (Id. at 6.1)

On September 28, 2022, the Court issued an Order to Show Cause Why the Petition Should Not be Dismissed (“Order”), ordering respondent to show cause why the Court should not recommend characterization of the Petition as a motion pursuant to 28 U.S.C. § 2255 (“Section 2255”) and dismissal of the action as an unauthorized second or successive Section 2255 motion. (ECF No. 5.) The Court ordered Petitioner to respond to the Order by no later than thirty (30) days after the date of the Order. (Id. at 5.)

On November 30, 2022, Petitioner filed a Request for Extension of Time (“Request”), requesting a thirty-day extension in which to file a response to the Court’s Order. (ECF No. 6.) The Court granted Petitioner’s Request and extended the deadline to file a response to the Order to January 5, 2023. …