Lake
(HC) Luedtke v. Lake
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAMES LUEDTKE, ) Case No.: 1:19-cv-01034-SKO (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATIONS TO S. LAKE, ) DISMISS PETITION FOR WRIT OF HABEAS Respondent. ) CORPUS ) ) [THIRTY-DAY OBJECTION DEADLINE] )
Petitioner is in the custody of the Bureau of Prisons at the United States Penitentiary in Atwater, California. He filed the instant federal petition on July 30, 2019, challenging his conviction pursuant to 28 U.S.C. § 2241. Because Petitioner does not satisfy the savings clause in 28 U.S.C. § 2255 which would allow him to challenge his conviction by way of § 2241, the Court will recommend that the instant petition be DISMISSED for lack of jurisdiction. BACKGROUND On December 13, 2002, Petitioner was convicted by jury trial in the United States District Court for the Eastern District…