(HC) Hall v. Warden at FCI-Mendota

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KEVIN HALL, Case No. 1:22-cv-1107 JLT SKO (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS

v. (Doc. 3)

ORDER DISMISSING PETITION FOR WRIT

OF HABEAS CORPUS, DIRECTING CLERK

WARDEN, FCI MENDOTA, OF COURT TO ENTER JUDGMENT AND

CLOSE CASE, AND DECLINING TO ISSUE

Respondent. CERTIFICATE OF APPEALABILITY 17 The assigned magistrate judge observed that, “Petitioner is challenging the validity and constitutionality of his conviction and sentence as imposed by the United States District Court for the District of Nevada, rather than an error in the administration of his sentence.” (Doc. 3 at 3.) Thus, the magistrate judge determined “the appropriate procedure would be to file a motion pursuant to § 2255 in the District of Nevada, not a habeas petition pursuant to § 2241 in this Court” (Id.) Because Petitioner did not do so and made no showing the remedy was…