Lake
(HC) Walker v. Lake
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…