Trate

(HC) Best v. Trate

Good Law
United States District Court, Eastern District of CaliforniaApril 6, 20231:22-cv-00821California2,150 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JASON BEST, Case No. 1:22-cv-00821-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS

B.M. TRATE, (ECF No. 6)

Respondent. ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT COURT JUDGE

15 Petitioner Jason Best is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. In the instant petition, Petitioner challenges a sentence imposed by the United States District Court for the Northern District of Indiana. As this Court does not have jurisdiction to entertain the instant petition pursuant to the savings clause of 28 U.S.C. § 2255(e), the undersigned recommends that Respondent’s motion to dismiss be granted and the petition be dismissed. I. BACKGROUND Petitioner is currently incarcerated at the United States Penitentiary in Atwater, California, serving a sentence imposed…

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