Mitchell v. United States of America
| ALBERT LEE MITCHELL |
| WARDEN and UNITED STATES OF AMERICA |
| 25-3383 |
| May 28, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on October 9, 2025. A more recent docket listing may be available from PACER.
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| Filing 10 CASE TRANSFERRED. To USDC Eastern District of CA - Per Order Filed 10/8/2025 - The District Court was noitifed via NDA. [Entered: 10/09/2025 04:45 PM] |
Filing 9
ORDER FILED. Barry G. SILVERMAN, Andrew D. HURWITZ, Bridget S. BADE The applicants submission is titled 28 U.S.C. 2241 MOTION FOR HABEAS CORPUS RELIEF. Because the submission appears to seek relief under both 28 U.S.C. 2255(e) and 2255(h), we treat the submission as an application to file a second or successive 28 U.S.C. 2255 motion and a petition for writ of habeas corpus under 28 U.S.C. 2241. To the extent the applicant seeks authorization to file a second or successive 2255 motion, we deny the application. To the extent that the applicant seeks relief under the savings clause or escape hatch provision of 2255(e), a federal prisoner may file a 2241 petition in the custodial court if the 2255 remedy is inadequate or ineffective to test the legality of [the prisoners] detention. Without deciding whether it satisfies the escape hatch, we transfer the petition at Docket Entry No. 1 to the United States District Court for the Eastern District of California, for whatever consideration that court deems appropriate. See Fed. R. App. P. 22(a); see also 28 U.S.C. 1631, 2241(b). The petition is deemed filed on May 28, 2025, the date it was filed in this court. The clerk will include a copy of this order with the transferred petition. We will not consider the applicants request to overturn the denial of his first 2255 motion. This court, on February 1, 2024, denied the applicants request for a certificate of appealability in Case No. 22-16435. Any pending motions are denied as moot. No further filings will be entertained in this case. APPLICATION DENIED; PETITION TRANSFERRED to the district court. (SEE ORDER FOR FULL TEXT) [Entered: 10/08/2025 02:42 PM] [Edited: 10/08/2025 02:50 PM]
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| Filing 8 CORRESPONDENCE filed by Petitioner Albert Lee Mitchell. [Entered: 08/04/2025 04:26 PM] |
| Filing 7 NOTICE of change of address filed by Petitioner Albert Lee Mitchell. [Entered: 08/04/2025 04:24 PM] |
| Filing 6 TERMINATED participation of Respondent Warden. [Entered: 07/31/2025 08:52 AM] |
| Filing 5 ADDED Respondent United States of America [Entered: 07/31/2025 08:50 AM] |
| Filing 4 DOCUMENT SENT. Returned money order number 29787789622 for $5.00 to Appellant as a fee is not applicable. [Entered: 06/04/2025 09:28 AM] |
| Filing 3 SCHEDULE NOTICE. No briefing schedule is set for this type of case. All subsequent correspondence regarding this matter will be added to your file to be considered at the same time the cause is brought before the court. [Entered: 05/28/2025 02:25 PM] |
| Filing 2 CASE OPENED. Your case opening documents have been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit on 5/28/2025. The U.S. Court of Appeals docket number 25-3383 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the #Appellate Practice Guide. Attorneys should consider the court's #Appellate Mentoring Program for assistance. [Entered: 05/28/2025 02:22 PM] |
| Filing 1 APPLICATION for Leave to File 28 U.S.C. 2254 Second or Successive Petition. [Entered: 05/28/2025 02:20 PM] |
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