Olmedo-Villa
Olmedo-Villa v. Garland
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
10 JERIMIAH EMMANUEL Case No. 23-cv-01659-BAS OLMEDO-VILLA,
ORDER DENYING PETITION
Plaintiff, AND CLOSING CASE
v. (ECF No. 2)
MERRICK GARLAND, et al.,
Defendants. 16 Petitioner Jerimiah Emmanuel Olmedo-Villa filed a writ of habeas corpus ad prosequendum on September 8, 2023. He claims he was not arraigned in a timely fashion under Rule 5 of the Federal Rules of Criminal Procedure after he was arrested on September 6, 2023. (ECF No. 2.) Petitioner was set for an initial appearance on September 7, 2023. (See Case No. 23-mj-3246-KSC, ECF No. 4.) On that date, the Court appointed provisional counsel, but Petitioner was not produced from custody because he had tested positive for COVID-19. The Court continued his arraignment to September 8, then to September 12, and then further continued it in light of his positive test. (Id., ECF Nos. 8 to 17.) Counsel files this writ, demanding…