Lake

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CECIL DEWITT NELSON, No. 1:19-cv-01487-DAD-SKO (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DENYING

STEVEN LAKE, Warden, PETITION FOR WRIT OF HABEAS

CORPUS

Respondent. (Doc. No. 6)

17 Petitioner Cecil Dewitt Nelson is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On November 22, 2019, the assigned magistrate judge issued findings and recommendations, recommending that the petition be denied for lack of jurisdiction because petitioner (1) does not present a claim of actual innocence and (2) does not contend that he did not have an unobstructed procedural shot to assert his habeas claims, both of which requirements must be met when a federal prisoner challenges the legality of his detention under § 2241…