Barry Douglas Stead v. B. Birkholz

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 BARRY DOUGLAS STEAD, Case No. 2:22-cv-05474-FWS-AGR 12 Petitioner, ORDER OF DISMISSAL 13 v. 14

B. BIRKHOLZ, Warden,

15 Respondent. 16

17

18 I

PROCEDURAL HISTORY

19 20 On August 1, 2022, Petitioner constructively filed a Petition for Writ of 21 Habeas Corpus by a Person in Federal Custody (“Petition”) pursuant to 28 U.S.C. 22 § 2241. 23 On August 15, 2022, the magistrate judge issued an Order to Show Cause 24 25 ordering Petitioner to show cause on or before September 14, 2022, why this 26 action should not be dismissed without prejudice based on lack of jurisdiction. 27 (Dkt. No. 4.) Petitioner was warned that if he failed to file a timely response to the 28 1 order to show cause, the Petition for Writ of Habeas Corpus may be dismissed 2 without prejudice based on lack of jurisdiction. (Id. at 4.) 3 Petitioner did not file a response to the order to show cause or request an 4 5 extension of time to do so. The Supreme Court’s subsequent decision in Jones v. 6 Hendrix, 143 S. Ct. 1857…