Mauricio Herrera Hernandez v. B. Birkholz
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…