Trate

1 2 3

4 5 6 7 8 UNITED STATES DISTRICT COURT 9

EASTERN DISTRICT OF CALIFORNIA

10

11 SWAIN CLARKE, Case No. 1:22-cv-00820-CDB (HC)

12 Petitioner, FINDINGS AND RECOMMENDATIONS THAT

THE FIRST AMENDED PETITION FOR WRIT OF

13 v. HABEAS CORPUS BE DISMISSED WITH

PREJUDICE AS TO PETITIONER’S ESCAPE

14 B. TRATE, HATCH CLAIM AND WITHOUT PREJUDICE AS

TO PETITONER’S UNCONSTITUTIONAL

15 Respondent. CUSTODY CLAIM

16 30-day Deadline

17 Clerk of Court to assigned District Judge

18 (ECF Nos. 11-12) 19

20 Petitioner Swain Clarke (“Petitioner”) is a federal prisoner proceeding pro se with a petition

21 for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner seeks review of his custody and 22 review of the judgment and sentence imposed on him by the United States District Court for the 23 District of Maryland. For the reasons that follow, the Court will recommend that the petition be 24 dismissed with prejudice as to Petitioner’s escape hatch claim and…