Trate

(HC) Diaz-Lozano v. Trate

Good Law
United States District Court, Eastern District of CaliforniaNovember 2, 20221:22-cv-01403California1,278 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 9 10 FAUSTO DIAZ-LOZANO, ) Case No.: 1:22-cv-01403-SKO (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATION TO 14 ) DISMISS PETITION FOR LACK OF HABEAS B. M. TRATE, Warden, et al., ) JURISDICTION ) Respondents. ) [THIRTY DAY OBJECTION DEADLINE] ) 17 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. He filed the instant petition on November 1, 2022, challenging a determination by the Bureau of Prisons denying him home confinement release. Because the Court is without jurisdiction to entertain his claims, the Court will recommend the petition be DISMISSED. I. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases1 requires the Court to make a preliminary review of each petition for writ of habeas corpus. The Court must summarily dismiss a petition…

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