Trate

(HC) Barrett v. Trate

Good Law
United States District Court, Eastern District of CaliforniaAugust 18, 20221:22-cv-01000California2,102 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY C. BARRETT, ) Case No.: 1:22-cv-01000-SKO (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATION TO 14 ) DISMISS PETITION FOR WRIT OF HABEAS B. M. TRATE, ) CORPUS ) Respondent. ) [THIRTY-DAY OBJECTION DEADLINE] )

Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner is in the custody of the Bureau of Prisons at the United States Penitentiary in Atwater, California. He filed the instant federal petition on August 11, 2022, challenging his conviction and sentence. (Doc. 1.) For reasons that follow, the Court finds that Petitioner fails to satisfy the “savings clause” or “escape hatch” of § 2255(e). Therefore, the Court will recommend the petition be SUMMARILY DISMISSED. BACKGROUND On December 14, 2011, Petitioner pled guilty…

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