Derrick Alvin Givens v. Bryan Birkholz
Opinion
Trial Court Opinion
CIVIL MINUTES - GENERAL
Case No. CV 23-3596-VBF (AS) Date August 10, 2023 Title Derrick Alvin Givens v. Brian Birkholz
Present: The Alka Sagar, United States Magistrate Judge Honorable Alma Felix N/A Deputy Clerk Court Reporter / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent:
N/A N/A
Proceedings: (IN CHAMBERS) SECOND ORDER REQUIRING PETITIONER TO
SHOW CAUSE WHY THE MAGISTRATE JUDGE SHOULD NOT
RECOMMEND THAT THIS ACTION BE DISMISSED
On May 11, 2023, Derrick Alvin Givens (“Petitioner”), a federal prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus by a Person in Federal Custody pursuant to 28 U.S.C. § 2241 (“Petition”). (Dkt. No. 1). The Petition alleges that Petitioner “was wrongly denied early release from home confinement under the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136 (“CARES Act”), he “qualifies for early release to home confinement under the CARES Act[,]” and “[n]o good cause remains to deny Petitioner’s request for early release under the CARES Act.” (Petition at 3-4). …