Leonard Louie Ochoa v. A. Cardenas

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

LEONARD LOUIE OCHOA, Case No. 2:19-cv-06686-MWF-KES

Petitioner,

ORDER TO SHOW CAUSE WHY

v.

PETITION SHOULD NOT BE

A. CARDENAS, Warden, DISMISSED FOR LACK OF

JURISDICTION

Respondent.

I.

BACKGROUND

On July 30, 2019, Petitioner Leonard Louie Ochoa (“Petitioner”)

constructively filed a Petition for Writ of Habeas Corpus by a Person in Federal Custody pursuant to 28 U.S.C. § 2241. (Dkt. 1 [“Petition”].) Petitioner alleges that the “court clerk misplace probation violation document” and also requests that the Court “expunge the felony case GA084672 to misdemeanor case PA082307.”

1 The Court construes this Petition to arise under 28 U.S.C. § 2254, because Petitioner was previously in state custody pursuant to a state conviction. Section 26 2254 limits the general grant of habeas relief under 28 U.S.C. § 2241 and is the exclusive vehicle for a habeas petition by a state…