(HC) Gianakos v. United States

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL SEAN GIANAKOS, ) Case No.: 1:21-cv-01056-SKO (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATION TO 14 ) DISMISS PETITION FOR WRIT OF HABEAS UNITED STATES OF AMERICA, ) CORPUS ) Respondent. ) [THIRTY-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 Federal Correctional Institute in Mendota, California. He filed the instant federal petition on July 6, 2021, challenging his conviction in the United States District Court for the District of North Dakota. For reasons that follow, the Court will recommend that the petition be SUMMARILY DISMISSED. BACKGROUND On May 12, 2003, Petitioner was found guilty of kidnapping resulting in death (18…