Ciolli

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JEFFREY SMITH, Case No. 1:20-cv-01363-AWI-SAB-HC

Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATION, GRANTING

v. RESPONDENT’S MOTION TO DISMISS,

DISMISSING PETITION FOR WRIT OF

A. CIOLLI, HABEAS CORPUS, DIRECTING CLERK

OF COURT TO CLOSE CASE, AND

Respondent. DECLINING TO ISSUE A CERTIFICATE

OF APPEALABILITY

16 (ECF Nos. 7, 11) 17 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On June 16, 2021, the Magistrate Judge issued Findings and Recommendation recommending that Respondent’s motion to dismiss be granted and the petition for writ of habeas corpus be dismissed for lack of jurisdiction as Petitioner failed to satisfy the criteria to bring a § 2241 petition pursuant to the escape hatch of 28 U.S.C. § 2255(e). (ECF…