Mauricio Herrera Hernandez v. B. Birkholz

Good Law
United States District Court, Central District of CaliforniaSeptember 21, 20232:23-cv-07747California942 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 2:23-cv-07747-SPG-AJR Date: September 21, 2023 Page 1 of

Title: Mauricio Herrera Hernandez v. B. Birkholz, Warden

DOCKET ENTRY: ORDER TO SHOW CAUSE WHY THE PETITION SHOULD

NOT BE DENIED BECAUSE PETITIONER IS

STATUTORILY INELIGIBLE FOR TIME CREDITS

PRESENT:

HONORABLE A. JOEL RICHLIN, UNITED STATES MAGISTRATE JUDGE

_ Claudia Garcia-Marquez _______None_______ __None__ Deputy Clerk Court Reporter/Recorder Tape No.

ATTORNEYS PRESENT FOR PETITIONER: ATTORNEYS PRESENT FOR RESPONDENT:

None Present None Present

PROCEEDINGS: (IN CHAMBERS)

On September 5, 2023, Mauricio Herrera Hernandez, (“Petitioner”), a federal prisoner proceeding pro se, filed a habeas petition pursuant to 28 U.S.C. § 2241 (the “Petition”). (Dkt. 1.) Petitioner was convicted by the Eastern District of Virginia and sentenced on March 9, 2022 to a term of imprisonment of 38 months. (Id. at 2.) Petitioner is “not challenging the sentence or conviction,” but instead is “challenging the way [his] sentence is being carried out.” (Id. at…

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