(HC)Vera Martinez v. Warden, FCI-Mendota

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE J. VERA MARTINEZ, ) Case No.: 1:22-cv-01282-SKO (HC) ) 12 Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE 13 v. ) ) FINDINGS AND RECOMMENDATION TO 14 WARDEN, FCI-MENDOTA, ) DISMISS PETITION FOR WRIT OF HABEAS 15 Respondent. ) CORPUS ) 16 ) [21-DAY DEADLINE] ) 17

18 Petitioner is a federal detainee proceeding pro se and in forma pauperis with a petition for writ 19 of habeas corpus pursuant to 28 U.S.C. § 2241. He filed his initial petition on October 7, 2022. After 20 conducting a preliminary review of the petition, the Court dismissed the petition with leave to amend. 21 On November 4, 2022, Petitioner filed a first amended petition purportedly challenging his conviction 22 and sentence. Upon review of the amended petition, the Court finds it lacks jurisdiction and will 23 recommend it be dismissed. 24 ///// 25 ///// 26 ///// 27 ///// 28 ///// 1 BACKGROUND 2 I. …