(HC) Marshall v. Department of the Treasury Internal Revenue Service

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GERALD MARSHALL, No. 1:21-cv-00859-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATIONS

DEPARTMENT OF THE TREASURY, TO DISMISS PETITION FOR WRIT OF

INTERNAL REVENUE SERVICE, HABEAS CORPUS

15 Respondent. [TWENTY-ONE DAY DEADLINE]

17 Petitioner is confined at the Atascadero State Hospital proceeding pro se and in forma pauperis with a petition for writ of habeas corpus under 28 U.S.C. § 2241. Petitioner filed the instant habeas petition on May 28, 2021. He complains that Respondent has illegally withheld economic impact payments from him. The Court finds that Petitioner fails to establish grounds for habeas corpus relief. Accordingly, the Court will recommend that the petition be DISMISSED. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases1 requires the Court to make a 27 1 The Rules…