Michael Robbie Kendall v. Brian K. Birkholtz

Background

On October 4, 2022, Petitioner Michael Kendall (“Petitioner”) filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (“Petition”). (Pet., ECF No. 1.) The Petition alleges one ground for relief: that Petitioner is actually innocent of his conviction because “[28 U.S.C. § 1111] can be committed in a reckless manner or by accident” (id. at 31), and therefore lacks the “mens rea necessary to be deemed a crime of violence” (id. at 4).

On December 9, 2022, the Court issued an Order re: Filing of Petition (“Order”), ordering Petitioner 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.)

Discussion

To date, Petitioner has not responded to the Court’s Order as required. Accordingly, Petitioner is hereby ORDERED TO SHOW CAUSE by no later than March 8, 2023 why the Court should not recommend that the case be dismissed for lack of prosecution…