Lepe

I. INTRODUCTION

Petitioner Lester Brown is a federal prisoner proceeding pro se with a petition for writ of habeas corpus (“Petition”) under 28 U.S.C. § 2241. See Dkt. 1. Petitioner was convicted in the Western District of Missouri of conspiracy to commit cyberstalking, cyberstalking resulting in death, and being a felon in possession of a firearm. See id. at 1, 2. The district court sentenced Petitioner to life plus 180 months’ imprisonment. See id. The Eighth Circuit affirmed the judgment of the district court. See id. at 2. Petitioner is currently incarcerated at USP Victorville in Victorville, California. See id. at 1. Rule 4 allows a district court to dismiss a petition if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” Rule 4, Rules Governing Section 2254 Cases; see also Gutierrez v. Griggs, 695 F.2d 1195, 1198 (9th Cir. 1983) (Rule 4 “explicitly allows a district court to dismiss summarily the petition on the merits when no claim for relief is stated”’). For the reasons set forth below, Petitioner is ORDERED TO SHOW CAUSE within twenty-eight (28) days why the Petition should not be…