Trate

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

KIRK A. BALLARD, Case No. 1:22-cv-00130-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DENY PETITIONER’S MOTION FOR

v. TEMPORARY RESTRAINING ORDER

AND GRANT RESPONDENT’S MOTION

B.M. TRATE, TO DISMISS

Respondent. ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

16 (ECF Nos. 2, 8) 17 Petitioner Kirk A. Ballard is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. For the reasons set forth herein, the undersigned recommends that Petitioner’s motion for temporary restraining order be denied and Respondent’s motion to dismiss be granted. I. DISCUSSION On February 1, 2022, Petitioner filed a habeas petition and motion for temporary restraining order on the grounds that the conditions at the United States Penitentiary in Atwater, California (“USP Atwater”) place Petitioner at unconstitutional risk of…