Luis Mancilla Arroyo v. U.S.P. Lompoc

Good Law
United States District Court, Central District of CaliforniaDecember 5, 20232:23-cv-08953California1,343 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

LUIS MANCILLA ARROYO, No. 2:23-cv-08953-DDP-BFM Petitioner, v. ORDER TO SHOW CAUSE

U.S.P. LOMPOC.

15 Respondent.

17 SUMMARY This order concerns a habeas petition filed under U.S.C. § 2241. Petitioner, Luis Mancilla Arroyo, is currently serving a sentence in federal custody. He alleges that, while in custody, he was subjected to an assault by a correctional officer. For what he is trying to accomplish, it appears that Petitioner has filed the wrong kind of suit: a § 2241 habeas petition challenges the legality of confinement and requests release from service of a sentence; it is not the proper way to file for a civil rights lawsuit to hold a federal officer liable for assault. Nor, given the differences between the two suits, does it appear that the case is an appropriate one for conversion. The Court orders Petitioner to show cause—to explain—why his…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.