Arviza

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 OCTAVIO MOYA GUTIERREZ, No. 1:22-cv-01089-ADA-SAB (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATION, DISMISSING

v. PETITION FOR WRIT OF HABEAS

CORPUS, DIRECTING CLERK OF COURT

M. ARVIZA, TO CLOSE CASE, AND DECLINING TO

ISSUE CERTIFICATE OF APPEALABILITY

Respondent. (ECF No. 6) 16 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus purportedly brought pursuant to 28 U.S.C. § 2241. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 23, 2022,1 the Magistrate Judge issued findings and recommendations recommending that the petition for writ of habeas corpus be dismissed for lack of jurisdiction as petitioner failed to satisfy the criteria to bring a § 2241 petition pursuant to the savings clause of 28 U.S.C. § 2255(e). (ECF No. 6.) The findings and recommendations were…