Cruz

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

LUCILA CRUZ, Case No. 20-CV-03891-LHK

Plaintiff,

ORDER OF DISMISSAL WITH

PREJUDICE IN PART AND WITHOUT

v.

PREJUDICE IN PART

W. JENKINS, Defendant. 17 Petitioner, a federal prisoner incarcerated at the Federal Correctional Institution in Dublin, California, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (“Petition”). Dkt. No. 5.1 For the reasons stated below, the Petition is dismissed with prejudice in part and without prejudice in part as follows: • Claim 1, in part, seeks relief under the First Step Act and CARES Act. These forms of relief cannot be sought in a habeas petition. To this extent, Claim 1 is dismissed with prejudice. 26 27 1 Unless otherwise indicated, citations to the docket refer to filings in the instant action. • Claim 1, in part, seeks compassionate release. This request must be directed to the sentencing court. To this…