Lake

(HC) Hernandez-Carrillo v. Lake

Good Law
United States District Court, Eastern District of CaliforniaOctober 1, 20191:19-cv-00253California867 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

RAFAEL HERNANDEZ-CARILLO, Case No. 1:19-cv-00253-LJO-SAB-HC

Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATION, DISMISSING

v. PETITION FOR WRIT OF HABEAS

CORPUS, DIRECTING CLERK OF COURT

STEVEN LAKE, TO CLOSE CASE, AND DECLINING TO

ISSUE A CERTIFICATE OF

Respondent. APPEALABILITY

(ECF No. 7)

17 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On April 3, 2019, the Magistrate Judge issued Findings and Recommendation that recommended dismissing the petition for lack of jurisdiction because Petitioner failed to meet the criteria to bring a § 2241 habeas petition under the escape hatch or savings clause of § 2255(e). (ECF No. 7). The Findings and Recommendation was served petitioner and contained notice that any objections were to be filed within thirty (30) days of the date of service of the Findings and Recommendation. On May…

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