Howard

(HC) Summers v. Howard

Good Law
United States District Court, Eastern District of CaliforniaJuly 13, 20211:21-cv-00826California723 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 IRESHIA DANTE SUMMERS, No. 1:21-cv-00826-DAD-SKO (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

MALCOLM J. HOWARD, PETITION Respondent. (Doc. No. 6) 16 Petitioner Ireshia Dante Summers 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. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 25, 2021, the assigned magistrate judge issued findings and recommendations recommending that the petition for federal habeas relief be dismissed due to lack of subject- matter jurisdiction. (Doc. No. 6.) In particular, the magistrate judge found that petitioner failed to satisfy the “savings clause” or “escape hatch” of § 2255(e), as required in order to proceed with a § 2241 petition for federal habeas relief, “because he does not…

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