Richard W McCollough, Jr. v. Brian Birkholz et al
Petitioner: Richard W. McCollough, Jr.
Respondent: Brian Birkholz and Bureau of Prisons
Case Number: 2:2022cv07166
Filed: October 3, 2022
Court: US District Court for the Central District of California
Presiding Judge: Alka Sagar
Referring Judge: Sunshine Suzanne Sykes
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal)
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2022 Filing 7 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel A Beck counsel for Respondent Brian Birkholz. Adding Daniel A. Beck as counsel of record for Brian Birkholz, in his official capacity as Warden for the reason indicated in the G-123 Notice. Filed by Respondent Brian Birkholz, in his official capacity as Warden. (Attorney Daniel A Beck added to party Brian Birkholz(pty:res))(Beck, Daniel)
October 25, 2022 Opinion or Order Filing 6 ORDER REQUIRING RETURN TO PETITION FOR WRIT OF HABEAS CORPUS (28 U.S.C. 2241) by Magistrate Judge Alka Sagar. IT IS ORDERED that: Before November 9, 2022, Respondents shall file and serve a Notice of Appearance. If Respondents contend that the Petition can be decided without the Court reaching the merits of Petitioner's claims, Respondents shall file a Motion to Dismiss on or before December 2, 2022. If Respondents do not contend that the Petition can be decided without the Court reaching the merits of Petitioner's claims, Respondents shall file and serve a Return to the Petition ("Return") on or before January 3, 2023. (see document for further details) Notice: The court has issued a ruling on preliminary review. Pursuant to the Agreement on Acceptance of Service between the Clerk of Court and the United States Attorneys Office, this Notice constitutes service under Fed. R. Civ. P. 4. (Attachments: #1 Copy of Petition, #2 Blank Consent Form) (hr)
October 25, 2022 Filing 5 FINANCIAL ENTRY: Received $5.00 from Richard W. McCollough, Jr.. Re: Petition for Writ of Habeas Corpus (2241), #1 . Receipt number LA245641. (dl)
October 7, 2022 Opinion or Order Filing 4 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01 (Related Case) filed. Transfer of case declined by Judge Consuelo B. Marshall, for the reasons set forth on this order. Related Case No. 2:20-cv-04450 CBM(PVCx) (Attachments: #1 Declination) (rn)
October 3, 2022 Filing 3 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Sunshine Suzanne Sykes and referred to Magistrate Judge Alka Sagar, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (car)
October 3, 2022 Filing 2 Notice Re: Discrepancies in Filing of Habeas Corpus Petition (CV-111). Upon submission of your petition for writ of habeas corpus, it was noted that you did not pay the appropriate filing fee. If you are unable to pay the entire filing fee at this time, you must sign and complete the Request to Proceed Without Prepayment of Filing Fees with Declaration in Support form (CV-60P) attached. You may return your fee waiver and/or payment to any of the Courthouses listed on this notice. If you do not respond within THIRTY DAYS from the date below, your action may be dismissed. Re: Petition for Writ of Habeas Corpus (2241), #1 (car)
October 3, 2022 Filing 1 EMERGENCY MOTION SEEKING IMMEDIATE RELEASE FROM THE BOP AND TERMINATION OF SENTENCE UNDER 28 U.S.C. 2241. Case assigned to Judge Sunshine Suzanne Sykes and referred to Magistrate Judge Alka Sagar.(Filing fee $ 5 FEE DUE), filed by Petitioner Richard W McCollough, Jr. (car)

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Petitioner: Richard W. McCollough, Jr.
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Respondent: Brian Birkholz
Represented By: Assistant 2241-194 US Attorney LA-CV
Represented By: Daniel A Beck
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Respondent: Bureau of Prisons
Represented By: Assistant 2241-194 US Attorney LA-CV
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