Lake

(HC) Walker v. Lake

Good Law
United States District Court, Eastern District of CaliforniaDecember 2, 20191:18-cv-01055California1,722 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JACOBY WALKER, Case No. 1:18-cv-01055-LJO-SAB-HC

Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATION, GRANTING

v. RESPONDENT’S MOTION TO DISMISS,

DISMISSING PETITION FOR WRIT OF

STEVEN LAKE, HABEAS CORPUS, DIRECTING CLERK

OF COURT TO CLOSE CASE, AND

Respondent. DECLINING TO ISSUE A CERTIFICATE

OF APPEALABILITY

15 (ECF Nos. 32, 53) 16 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On September 23, 2019, the Magistrate Judge issued Findings and Recommendation that recommended Respondent’s motion to dismiss be granted and the petition for writ of habeas corpus be dismissed for lack of jurisdiction as Petitioner failed to satisfy the criteria to bring a § 2241 petition pursuant to the escape hatch of 28 U.S.C. § 2255(e). (ECF No. 53). Petitioner filed timely objections. (ECF No. 54). In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this…

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