Trate

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 GERARDO CASTILLO-CHAVEZ, ) Case No.: 1:23-cv-00413-SKO (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATIONS TO B.M. TRATE, Warden, ) DISMISS PETITION FOR WRIT OF HABEAS Respondent. ) CORPUS ) ) [21-DAY OBJECTION DEADLINE] )

Petitioner is a federal prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner is in the custody of the Bureau of Prisons at the Federal Correctional Institution in Atwater, California. He filed the instant federal petition on March 20, 2023. Upon review of the petition, the Court finds it lacks jurisdiction. Petitioner fails to satisfy the “savings clause” or “escape hatch” of § 2255(e) which would permit consideration of his § 2241 petition. Therefore, the Court will recommend that the instant petition be DISMISSED. ///// /////…