Trate

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

TAVARIUS SMITH, Case No. 1:22-cv-00119-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

v. HABEAS CORPUS

B M TRATE, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

Respondent.

13 Petitioner Tavarius Smith is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. In the instant petition, Petitioner contends that he is entitled to immediate release on the grounds that the conditions at the United States Penitentiary in Atwater, California (“USP Atwater”) place Petitioner at unconstitutional risk of contracting COVID-19. As Petitioner’s claim is not cognizable under 28 U.S.C. § 2241, the undersigned recommends that the petition for writ of habeas corpus be dismissed. I. BACKGROUND Petitioner is currently incarcerated at USP Atwater, serving a 132-month sentence imposed by the United States…