(HC)Richardson
(HC)Richardson v. Matevousian
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH RICHARDSON, Case No. 1:17-cv-01564-JDP Petitioner, ORDER DISMISSING PETITIONER’S
AMENDED PETITION FOR FAILURE TO
v. STATE A CLAIM ANDRE MATEVOUSIAN, ECF No. 26, 28 Respondent. ORDER DENYING PETITIONER’S MOTION
FOR COUNSEL
16 ECF No. 27
18 Petitioner Kenneth Richardson, a federal prisoner without counsel, filed a writ of habeas corpus under 28 U.S.C. § 2241 on November 22, 2017. ECF No. 1. On March 29, 2019, the court granted respondent’s motion to dismiss the petition and gave petitioner 30 days to file an amended petition. ECF No. 25. We dismissed the petition because it could not be properly filed under either habeas petition avenues available to federal prisoners: 28 U.S.C. § 2241 or 28 U.S.C. § 2255. We found that the petition was improperly filed under § 2241 because it challenged the legality of petitioner’s sentence, not the manner of execution of his sentence. ECF No. 25 at 6.…