(HC) Carroll v. Warden, USP-Atwater

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CRAIG CARROLL, ) Case No.: 1:20-cv-00116-SKO (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATION TO 14 ) DISMISS PETITION FOR WRIT OF HABEAS WARDEN, USP-ATWATER, ) CORPUS ) Respondent. ) [THIRTY-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. 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 January 10, 2020, in the United States District Court for the Northern District of Georgia. On January 23, 2020, the case was transferred to this Court. For reasons that follow, the Court finds that Petitioner fails to satisfy the “savings clause” or “escape hatch” of § 2255(e), and therefore, the Court lacks jurisdiction. The Court…