Adewale Aniyeloye v. Warden B. Birkholz
Opinion
Trial Court Opinion
CIVIL MINUTES – GENERAL
Case No.: 2:23-cv-01610-DMG-MAA Date: July 31, 2023 Title: Adewale Aniyeloye v. Warden B. Birkholz
Present: The Honorable MARIA A. AUDERO, United States Magistrate Judge
Narissa Estrada N/A Deputy Clerk Court Reporter / Recorder
Attorneys Present for Petitioner: Attorneys Present for Respondent:
N/A N/A
Proceedings (In Chambers): Order to Show Cause Why the Petition Should Not Be Dismissed as Moot
On March 3, 2023, Petitioner Adewale Aniyeloye (“Petitioner”) filed an “Emergency Petition for Release Pursuant to 28 U.S.C. § 2241,” which is construed as a Petition for Writ of Habeas Corpus by a Person in Federal Custody pursuant to 28 U.S.C. § 2241 (“Section 2241”) (“Petition”). (ECF No. 1.) On April 25, 2023, Respondent B. Birkholz (“Respondent”), Warden of the United States Penitentiary in Lompoc, California, filed a Motion to Dismiss the Petition on the basis that Petitioner had not exhausted his administrative remedies (“Motion”). (Mot., ECF No. 8.) On July 10, 2023 (following the Court’s issuance on June 21, 2013 of an Order to Show Cause, ECF No. 9),…