Trate
(HC) Dorise v. Trate
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MIKHAEL CHARLES DORISE, Case No. 1:22-cv-01423-JLT-CDB (HC)
Petitioner, FINDINGS AND RECOMMENDATIONS
TO DISMISS PETITION FOR WRIT OF
v. HABEAS CORPUS FOR LACK OF
JURISDICTION1
B. M. TRATE,
Defendants. 14-DAY DEADLINE
(Doc. 1)
18 Petitioner Mikhael Charles Dorise (“Petitioner”), a federal prisoner previously incarcerated at USP Atwater,2 filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 on November 4, 2022. (Doc. 1). A preliminary screening of the petition reveals that it should be dismissed for lack of jurisdiction because it is properly construed as a petition under 28 U.S.C. § 2255, which must be filed in the sentencing court, and Petitioner’s argument that he meets the “escape hatch” provision of § 2255(e) such that he can proceed under § 2241 is
25 1 This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c)(17) (E.D.…