Mesa Rith v. Hector Rios, Jr.

FILED

NOT FOR PUBLICATION APR 01 2013

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MESA RITH, No. 10-16940

Petitioner - Appellant, D.C. No. 1:10-cv-01035-LJO-GSA

v.

MEMORANDUM*

HECTOR A. RIOS, Jr., Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of California Lawrence J. O’Neill, District Judge, Presiding

Submitted March 12, 2013** San Francisco, California

Before: WALLACE, McKEOWN, and IKUTA, Circuit Judges.

Rith appeals from the district court’s judgment of dismissal for lack of

jurisdiction of his 28 U.S.C. § 2241 petition. We have jurisdiction under 28 U.S.C.

§ 1291 and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Although Rith’s argument that he was entitled to bring a section 2241

petition was based on his contention that he was “actually innocent,” he…