Edward Crist v. Emelio Ricolcol

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

EDWARD CRIST, Case No. 2:24-02111 RGK (ADS) Petitioner,

v. MEMORANDUM AND ORDER

DISMISSING PETITION

EMELIO RICOLCOL, et al.,

Respondent.

I. INTRODUCTION Before the Court is a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (“Petition”) by Edward Crist (“Petitioner”), a prisoner in the custody of the Federal Bureau of Prisons in Victorville, California, proceeding pro se. (Dkt. No. 1.) Petitioner challenges the legality of his 2019 sentence after an unsuccessful motion to vacate under 28 U.S.C. § 2255 in the sentencing court. (Id.) As discussed below, the Petition must be dismissed for lack of jurisdiction, because it is a second or successive Section 2255 motion that does not qualify for Section 2255’s savings clause. 24 II. BACKGROUND A. Conviction and Prior Section 2255 Motion In 2019, Petitioner pled guilty to Hobbs Act Robbery in violation of 18 U.S.C.

§ 1951 and felon in…