Jason Rose v. United States of America
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 JASON ROSE, Case No. EDCV 21-0816-PA (RAO)
Petitioner,
ORDER DISMISSING PETITION
v. FOR WRIT OF HABEAS CORPUS
FOR LACK OF JURISDICTION
UNITED STATES OF AMERICA, et AND DENYING CERTIFICATE OF al., APPEALABILITY 15 Respondents.
17 On May 4, 2021, Petitioner Jason Rose, who at the time was incarcerated in 18 United States Penitentiary Victorville, California, filed a Petition for Writ of Habeas 19 Corpus by a Person in Federal Custody pursuant to 28 U.S.C. § 2241 (“Petition”), 20 seeking relief from his 2005 sentence in the United States District Court for the 21 Southern District of New York. (Petition at 1.) Respondent moves to dismiss or, 22 alternatively, transfer the Petition on the ground that it raises claims that must be 23 brought in a 28 U.S.C. § 2255 motion in the district court in the Southern District of 24 New York. (Dkt. No. 14 (hereinafter, “MTD”).) 25 For the reasons that follow, the Court finds that it lacks jurisdiction…