Ciolli

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HOSEA SWOPES, No. 1:21-cv-00062-DAD-JLT (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

A. CIOLLI, PETITION Respondent. (Doc. No. 9)

17 Petitioner Hosea Swopes 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. (Doc. No. 1.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. On March 15, 2021, the assigned magistrate judge issued findings and recommendations, recommending that the pending petition be dismissed for lack of jurisdiction because petitioner challenges the validity and constitutionality of his sentence imposed by the United States District Court for the Eastern District of Missouri, and does not assert a claim of actual innocence or demonstrate that he never had an unobstructed procedural…