(HC) Shrader v. Warden, FCI Mendota

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 9 10 THOMAS C. SHRADER, ) Case No.: 1:21-cv-00873-SKO (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. )

FINDINGS AND RECOMMENDATION TO

) ) DISMISS PETITION WARDEN, FCI MENDOTA, ) ) [TWENTY-ONE DAY OBJECTION DEADLINE] Respondent. ) ) 17 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. He claims his 1976 West Virginia convictions were wrongly used to enhance his 2010 sentence in violation of the Ex Post Facto clause. Because the Court lacks jurisdiction to consider the claim, the Court will recommend that the petition be DISMISSED. DISCUSSION I. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases requires the Court to make a preliminary review of each petition for writ of habeas corpus. The…