Ciolli

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

LEONARD SCAGGS, ) Case No.: 1:19-cv-01559-JLT (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATION TO A. CIOLLI, ) DISMISS PETITION FOR WRIT OF HABEAS Respondent. ) CORPUS ) ) [THIRTY-DAY OBJECTION DEADLINE] )

Petitioner is in the custody of the Bureau of Prisons at the United States Penitentiary in Atwater, California. He filed the instant federal petition on November 1, 2019, challenging his conviction pursuant to 28 U.S.C. § 2241. For reasons that follow, the Court finds that Petitioner fails to satisfy the “savings clause” or “escape hatch” of § 2255(e). Therefore, the Court will recommend that the petition be DISMISSED for lack of jurisdiction. BACKGROUND On June 10, 2008, Petitioner was convicted by a jury for first degree murder in violation of 18 U.S.C. § 1111. See United States…