Howard

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 IRESHIA DANTE SUMMERS, No. 2:21-cv-0241 AC P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

MALCOLM J. HOWARD, Respondent. 16 Petitioner, a federal prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 and paid the filing fee. The petition alleges that petitioner’s sentence arising from his conviction in the United States District Court for the Eastern District of North Carolina exceeds the statutory maximum. Petitioner is currently incarcerated in the United States Penitentiary, Atwater, located in Merced County, which is part of the Fresno Division of the United States District Court for the Eastern District of California. See L.R. 120(d). “As a general rule, ‘§ 2255 provides the exclusive procedural mechanism by which a federal prisoner may test the legality of detention.’” Harrison v. Ollison, 519 F.3d 952, 955 (9th Cir. 2008) (quoting Lorentsen…