Trate

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TONG MOUA, ) Case No.: 1:22-cv-00948-SKO (HC) ) 12 Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE 13 v. ) ) FINDINGS AND RECOMMENDATION TO 14 ) GRANT MOTION TO DISMISS PETITION FOR 15 WARDEN, USP-ATWATER, ) WRIT OF HABEAS CORPUS ) 16 Respondent. ) (30-DAY OBJECTION DEADLINE) ) 17

18 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus 19 pursuant to 28 U.S.C. § 2241. He is currently in the custody of the Bureau of Prisons (“BOP”) at the 20 United States Penitentiary located in Atwater, California. Petitioner filed the instant petition on July 21 29, 2022. (Doc. 1.) Petitioner claims the BOP has unlawfully and arbitrarily set up a schedule of 22 restitution payments not established by the sentencing court. On October 18, 2022, Respondent filed a 23 motion to dismiss the petition. (Doc. 8.) Petitioner did not file an opposition. For reasons that follow, 24 the Court…