Albert Lee Mitchell v. Brian Birkholz

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. CV 24-1415 JWH (MRW) Date February 26, 2024 Title Mitchell v. Birkholz

Present: Hon. Michael R. Wilner, U.S. Magistrate Judge James Muñoz n/a Deputy Clerk Court Reporter / Recorder Attorneys for Petitioner: Attorneys for Respondent: n/a n/a Proceedings: ORDER TO SHOW CAUSE RE: HABEAS PETITION

1. Petitioner Mitchell recently filed another habeas corpus petition related to his current incarceration. The current petition refers vaguely to “retaliation” by prison officials “for use of the administrative remedy process” regarding his confinement. Appended to the petition is a prison grievance form that Petitioner may have filed a couple of weeks before initiating the action. (Docket # 1 at 9.) 2. The petition expressly invites the Court to “take judicial notice of 23-CV- 10000-JHW MRW.” (Docket # 1 at 3.) That’s a reference to a pending habeas action in which Petitioner states, inter alia, that he been the subject of an allegedly “frivolous incident report.” (CV 23-10000 at Docket 1 at 3.) …