Israel Angeles-Moctezuma v. Felipe Martinez
Opinion
Trial Court Opinion
CIVIL MINUTES – GENERAL
Case No.: 2:19-cv-05848-VAP-MAA Date: August 6, 2019 Title: Angeles-Moctezuma v. Martinez
Present: The Honorable MARIA A. AUDERO, United States Magistrate Judge
Chris Silva N/A Deputy Clerk Court Reporter / Recorder
Attorneys Present for Plaintiff: Attorneys Present for Defendants:
N/A N/A
Proceedings (In Chambers): Order to Show Cause Why the First Amended Petition Should Not Be Recharacterized as a Section 2255 Motion
On July 1, 2019, Petitioner Israel Angeles-Moctezuma, an inmate in federal custody, constructively filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (“Section 2241”). (“Petition,” ECF No. 1.) On July 23, 2019, Petitioner constructively filed a First Amended Petition. (“FAP,” ECF No. 4.) The Court sua sponte examines whether this United States District Court for the Central District of California has jurisdiction to entertain the FAP. For the reasons discussed below, the Court directs Petitioner to explain why the FAP should not be characterized as a motion pursuant to 28 U.S.C. § 2255 (“Section 2255”) and dismissed for…