Miller v. United States

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10

ATHENA MILLER,

11 Case No. 18-cv-07225-JCS (PR) Petitioner, 12 v. ORDER OF DISMISSAL 13

UNITED STATES OF AMERICA,

14 Respondent. Dkt. No. 8 15

16 17 INTRODUCTION 18 Petitioner, a federal prisoner convicted in Texas but housed in this district, seeks 19 habeas relief under 28 U.S.C. § 2241 from her federal convictions and sentence. As a 20 general rule, federal prisoners must pursue such relief under 28 U.S.C. § 2255. Petitioner 21 seeks relief under § 2241 on grounds that § 2255 is an inadequate means to test the legality 22 of her conviction. 23 However, petitioner has not shown she is entitled to use § 2241, as pointed out in 24 respondent’s motion to dismiss. (Dkt. No. 8.) Because she cannot use § 2241, this Court 25 lacks jurisdiction over her petition. Accordingly, the petition is DISMISSED. 26 27 1 BACKGROUND 2 In 2009 petitioner pleaded guilty in the United States District Court in the…