Trate

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDWARD EUGENE ROBINSON, Case No. 1:22-cv-00906-ADA-CDB (HC)

Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS THAT

v. RESPONDENT’S MOTION TO DISMISS BE

DENIED AND PETITIONER’S PETITION

FOR WRIT OF HABEAS CORPUS

B.M. TRATE,

PURSUANT TO § 2241 BE GRANTED

15 Respondent. (ECF Nos. 11, 14) 16 17 Petitioner Edward Eugene Robinson (“Petitioner”) is a federal prisoner proceeding pro se with a petition for habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1.) On October 13, 2022, Respondent filed a motion to dismiss Petitioner’s petition. (ECF No. 11.) Petitioner did not respond to Respondent’s motion to dismiss. On February 10, 2023, the assigned Magistrate Judge found that the sentencing court did not consider Petitioner’s financial resources for paying restitution while incarcerated nor set forth a restitution schedule while incarcerated. (ECF No. 14 at 6.) Instead, the sentencing court 25 …