Miller v. United States

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ATHENA MILLER,

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

UNITED STATES OF AMERICA,

14 Respondent. Dkt. No. 8

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