(HC) Robinson v. Warden Trate

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DARREGUS T. ROBINSON, ) Case No.: 1:23-cv-00126-SKO (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATION TO 14 ) DISMISS PETITION FOR WRIT OF HABEAS WARDEN TRATE, ) CORPUS ) Respondent. ) [THIRTY-DAY OBJECTION DEADLINE] )

Petitioner is in the custody of the Bureau of Prisons at the United States Penitentiary in Atwater, California. He filed the instant federal petition on January 27, 2023, challenging his conviction and sentence pursuant to 28 U.S.C. § 2241. (Doc. 1.) For reasons that follow, the Court finds that Petitioner fails to satisfy the “savings clause” or “escape hatch” of § 2255(e). Therefore, the Court will recommend the petition be SUMMARILY DISMISSED. BACKGROUND1 On October 17, 2006, a grand jury returned an eleven-count indictment against Petitioner and his co-defendant. Petitioner was charged with…