Thompson
(HC) Brim v. Thompson
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRIAN KEITH BRIM, No. 2:19-cv-1682 KJN P Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
PAUL THOMPSON, Respondent. 16 I. Introduction Petitioner, a federal prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner paid the filing fee. Petitioner asks the court to reopen his underlying federal criminal case and appoint counsel so that petitioner may address the sentencing court in person. (ECF No. 1 at 7.) As discussed below, the undersigned finds that the petition should be summarily dismissed for lack of jurisdiction. II. Jurisdiction A federal prisoner who wishes to challenge the validity or constitutionality of his federal conviction or sentence must do so by way of a motion to vacate, set aside, or correct the sentence under 28 U.S.C. § 2255. Tripati v. Henman, 843 F.2d 1160, 1162 (9th Cir. 1988); see also Stephens v. Herrera, 464 F.3d…