Lake
(HC) Nelson v. Lake
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CECIL DEWITT NELSON, ) Case No.: 1:19-cv-01487-DAD-SKO (HC) ) Petitioner, ) ) FINDINGS AND RECOMMENDATIONS TO v. ) DISMISS PETITION FOR WRIT OF HABEAS ) CORPUS STEVEN LAKE, Warden, ) Respondent. ) [30-DAY OBJECTION DEADLINE] ) ) )
Petitioner is a federal prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. He is in the custody of the Bureau of Prisons at the United States Penitentiary in Atwater, California. He filed the instant federal petition on October 21, 2019, challenging his conviction and sentence. 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. BACKGROUND On January 30, 2013, Petitioner pled guilty to one count of…