Puentes

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

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

Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATION, CONSTRUING

v. PETITION FOR WRIT OF HABEAS

CORPUS AS MOTION UNDER 28 U.S.C.

GEORGINA PUENTES, § 2255, DISMISSING § 2255 MOTION AS

SUCCESSIVE, DIRECTING CLERK OF

Respondent. COURT TO CLOSE CASE, AND

DECLINING TO ISSUE A CERTIFICATE

OF APPEALABILITY

(ECF No. 10) Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On October 1, 2019,1 the Magistrate Judge issued Findings and Recommendation that recommended construing the § 2241 petition as a motion brought under 28 U.S.C. § 2255 and dismissing the § 2255 motion as successive. (ECF No. 10). 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…