(HC)Simpson

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MERL SIMPSON, Case No. 1:22-cv-00631-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS AND DISMISS PETITION FOR

WRIT OF HABEAS CORPUS

B.M. TRATE,

ORDER DIRECTING CLERK OF COURT

Respondent. TO ASSIGN DISTRICT JUDGE

16 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. I. BACKGROUND Petitioner currently is in the custody of the Federal Bureau of Prisons (“BOP”) at the United States Penitentiary in Atwater, California (“USP Atwater”). (ECF No. 1 at 2.)1 In the instant petition for writ of habeas corpus, Petitioner challenges the BOP’s authority to set a schedule of restitution payments. Petitioner states that the BOP currently has him paying $25 per month, which he claims is in violation of his criminal judgment. (ECF No. 1 at 2–3.) Respondent filed a motion to dismiss and…