Larnell Lowe v. United States

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

9 LARNELL LOWE, Case No. 2:21-cv-7593-FLA (MARx) Petitioner,

MEMORANDUM AND ORDER

v. DISMISSING ACTION UNITED STATES, Respondent. 15 16 I. INTRODUCTION On September 20, 2021, Petitioner constructively1 filed the instant Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (“section 2241”). ECF Docket No. (“Dkt.”) 1. The Petition alleges Petitioner is actually innocent and that his sentence is illegal. Dkt. 1 at 4–5. On September 30, 2021, the court issued an Order to Show Cause Re: Why this Action Should Not be Dismissed for Lack of Jurisdiction (“OSC”). Dkt. 3. On December 10, 2021, Petitioner filed a Response. Dkt. 7. As 25 26 1 Under the “mailbox rule,” when a pro se prisoner gives prison authorities a pleading to mail to court, the court deems the pleading constructively “filed” on the date it is signed. Roberts v. Marshall, 627 F.3d 768, 770 n.1 (9th Cir.…