(HC)Robinson
(HC)Robinson v. Warden
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JACINTO TARON ROBINSON, No. 1:22-cv-01369-CDB (HC) Petitioner, FINDINGS AND RECOMMENDATIONS
THAT THE PETITION FOR WRIT OF
v. HABEAS CORPUS BE DISMISSED WITH
PREJUDICE FOR LACK OF JURISDICTION
WARDEN, FCI MENDOTA, (Doc. 1) Respondent.
TWENTY-ONE DAY DEADLINE
16 Clerk of Court to assign District Judge 17 18 Petitioner, a federal prisoner incarcerated at FCI Mendota, filed a petition for writ of 19 habeas corpus pursuant to 28 U.S.C. § 2241 on October 26, 2022. (Doc. 1). The matter is 20 referred to the undersigned pursuant to Local Rule 302(c)(16). A preliminary screening of the 21 petition reveals that it should be dismissed for lack of jurisdiction because, based on the relief 22 sought therein, it is properly construed as a petition under 28 U.S.C. § 2255 which, if permissible, 23 must be filed in the sentencing court. Petitioner does not meet the requirements of the “escape 24 hatch” provision in 28 U.S.C. § 2255(e), which would allow him to proceed…