White
(HC) Gelazela v. White
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARK GELAZELA , No. 1:21-cv-00002-DAD-HBK (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DIMISSING
DOUGLAS WHITE, PETITION FOR WRIT OF HABEAS
CORPUS
Respondent. (Doc. Nos. 1, 13)
17 Petitioner Mark Gelazela 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 May 27, 2021, the assigned magistrate judge issued findings and recommendations, recommending that the petition be dismissed because conditions of confinement claims are not recognizable claims for habeas relief; challenges to an inmate’s location of or length of confinement pursuant to the First Step Act and CARES Act may not be challenged via a § 2241 petition; any compassionate release petition pursuant…