Owen Garth Hinkson v. Warden of FCI Lompoc

Case 2:21-cv-07195-FLA-MAR Document Filed 04/05/ Page 1 of Page ID #:179

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 OWEN GARTH HINKSON, Case No. 2:21-cv-7195-FLA (MAR) Petitioner,

MEMORANDUM AND ORDER

v.

DISMISSING THE ACTION

WARDEN OF FCI LOMPOC,

Respondent. 15 I. INTRODUCTION On August 25, 2021, Petitioner constructively filed the instant Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (“section 2241”). ECF Docket No. (“Dkt.”) 1. On October 5, 2021, the court issued an Order to Show Cause (“OSC”) why this action should not be dismissed for lack of jurisdiction. Dkt. 6. On March 7, 2022, Petitioner filed a First Amended Petition (“FAP”). Dkt. 13. The FAP argues Petitioner’s original removal order was unconstitutional and, therefore, Petitioner is “actually innocent” of all his subsequent convictions for illegally reentry. Dkt. 13 at 6–12. As discussed below, the action is DISMISSED without…