Leonard Louie Ochoa v. A. Cardenas

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

LEONARD LOUIE OCHOA, Case No. 2:19-cv-08437-MWF-KES

Petitioner,

ORDER TO SHOW CAUSE WHY

v.

PETITION SHOULD NOT BE

A. CARDENAS, Warden, DISMISSED FOR LACK OF

JURISDICTION

Respondent.

I.

BACKGROUND

On September 30, 2019, Petitioner Leonard Louie Ochoa (“Petitioner”)

constructively filed a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254. (Dkt. 1 [“Petition”].) Petitioner alleges that the “S.F. Courthouse Clerk” lost his “Application/Petition for resentencing” and “Response” under Cal. Penal Code § 1170.18(b), (g). (Id. at 5.) Petitioner then argues that the discovery of new evidence, pursuant to Fed. R. Civ. P. 60(b), applies 25 1 Petitioner most recently brought a petition under 28 U.S.C. § 2241 on July 30, 26 2019, which the Court construed as a petition under 28 U.S.C. § 2254, because Petitioner was previously in state…