Ciolli
(HC) Scaggs v. Ciolli
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEONARD SCAGGS, No. 1:19-cv-01559-DAD-JLT (HC) Plaintiff, v. ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DISMISSING
A. CIOLLI, PETITION FOR WRIT OF HABEAS
CORPUS, AND DECLINING TO ISSUE
Defendant. CERTIFICATE OF APPEALABILITY (Doc. No. 6) 17 18 Petitioner Leonard Scaggs 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. The matter was referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 27, 2020, the assigned magistrate judge issued findings and recommendations, recommending that the pending petition be dismissed for lack of jurisdiction because petitioner (1) does not present a claim of actual innocence and (2) has not established that he did not have an unobstructed procedural shot to assert his habeas claims, both of which…