Puentes

(HC) Ioane v. Puentes

Good Law
United States District Court, Eastern District of CaliforniaOctober 1, 20191:19-cv-00998California2,067 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MICHAEL S. IOANE, SR., Case No. 1:19-cv-00998-LJO-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

CONSTRUE PETITION FOR WRIT OF

v. HABEAS CORPUS AS § 2255 MOTION

AND TO DISMISS AS SUCCESSIVE

GEORGINA PUENTES, Respondent.

16 Petitioner Michael S. Ioane, Sr. is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. As Petitioner fails to satisfy the requirements to bring a § 2241 habeas petition under the savings clause of § 2255(e), the undersigned finds that the petition is a disguised and successive § 2255 motion and recommends dismissal. I. BACKGROUND Petitioner is currently incarcerated at the Taft Correctional Institution, serving a 108- month sentence imposed by the United States District Court for the Eastern District of California for conspiracy to evade tax collection and presenting false and fictitious financial instruments of 27 …

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