Ciolli

(HC) Samuel N. Hart v. Ciolli

Good Law
United States District Court, Eastern District of CaliforniaJune 5, 20201:20-cv-00764California2,232 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SAMUEL NEAL HART, ) Case No.: 1:20-cv-00764-SKO (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATION TO 14 ) RECHARACTERIZE AND TRANSFER PETITION A. CIOLLI, ) FOR WRIT OF HABEAS CORPUS ) Respondent. ) [TWENTY-ONE 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 June 2, 2020 in this Court, challenging a 2005 conviction in the United States District Court for the Middle District of North Carolina. 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. …

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