Lake

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RUBEN ALBERTO DELGADO, JR., Case No. 1:19-cv-00119-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT PETITION FOR WRIT OF HABEAS

v. CORPUS BE DISMISSED FOR LACK OF

JURISDICTION

S. LAKE,

OBJECTIONS DUE WITHIN FOURTEEN

Respondent. DAYS

ECF No.

ORDER DIRECTING CLERK OF COURT

TO ASSIGN CASE TO DISTRICT JUDGE

18 Petitioner Ruben Alberto Delgado, Jr., a federal prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2241. Petitioner claims ineffective assistance of counsel and errors in sentencing. The matter is before the court for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases, which the court may apply in any habeas proceeding. See Rules Governing Section 2254 Cases, Rule 1(b); cf. 28 U.S.C. § 2243. Because petitioner does not claim actual innocence as required, the court lacks jurisdiction to…