Christopher Henry Lister Sr. v. Sandra Gatt

BACKGROUND

Pursuant to Rule 201 of the Federal Rules of Evidence, the Court takes judicial notice of Habeas petitions brought pursuant to Section 2241 may be subjected to the same screening requirements that apply to habeas petitions brought pursuant to 28 U.S.C. § 2254. See Rules 1(b) and 4 of the Rules Governing Section 2254 Cases in the United States District Courts, 28 U.S.C. foll. § 2254 (a district court may “apply any or all of these rules” to any habeas petition, and mandating that a district court dismiss a petition without ordering a responsive pleading where “it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief”); see also Bostic v. Carlson, 884 F.2d 1267, 1269-70 (9th Cir. 1989) (affirming district 2 this District, in Case No. 5:10-cr-00058-VAP (the “Criminal Case”), Petitioner pled guilty to 3 having violated 18 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(C) (the “Conviction”). On April 15, 4 2013, he was sentenced to a total sentence of 168 months to be followed by three years of 5 supervised release (the “Sentence”). Petitioner’s appeal of his Conviction and Sentence was not 6 successful. [See Criminal…