Brewer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL DAVID HARRISON, No. 2:22-cv-1020 CKD P Petitioner, v. ORDDER AND D. BEWER, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner is a federal prisoner at FCI Herlong which is located within the geographical jurisdiction of this court. He has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging a conviction and sentence entered in the United States District Court for the Middle District of Florida. Generally speaking, a challenge to the legality of a sentence must be filed under 28 U.S.C. § 2255 in the sentencing court, while a challenge to the execution of a sentence must be brought pursuant to 28 U.S.C. § 2241 in the custodial court. Hernandez v. Campbell, 204 F.3d 861, 864 (9th Cir. 2000). Under the savings clause of § 2255, however, a federal prisoner may file a habeas corpus petition pursuant to § 2241 to contest the legality of a sentence where his…