Phillip Camillo Amisano v. Felicia Ponce

INTRODUCTION

20 On January 4, 2021, Petitioner Phillip Camillo-Amisano (“Petitioner”), 21 a federal prisoner at FCI-Terminal Island proceeding pro se, filed a Petition for 22 a Writ of Habeas Corpus under 28 U.S.C. § 2241 (“Section 2241” or 23 “§ 2241”), alleging three grounds for relief, and also requesting permission to 24 file a second or successive motion under 28 U.S.C. § 2255 (“Section 2255” or 25 “§ 2255”) to vacate, set aside, or correct the sentence. Dkt. 1 (“Petition”). 26 A habeas petition brought under 28 U.S.C. § 2241 is subject to the same 27 screening requirements that apply to habeas petitions brought under 28 U.S.C. 28 § 2254. See Rules Governing Section 2254 Cases in the United States District Courts (“Habeas Rules”), Habeas Rule 1(b) (providing that district courts may apply the Habeas Rules to habeas petitions that are not brought under 28 U.S.C. § 2254). Accordingly, a district court “must promptly examine” the petition and, “[i]f it plainly appears from the petition . . . that the petitioner is not entitled to relief,” the “judge must dismiss the petition.” Habeas Rule 4; Mayle v. Felix, 545 U.S. 644, 656 (2005). Pursuant to Rule…