Trate
(HC) Drew v. Trate
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ROBERT DREW, ) Case No.: 1:23-cv-00194-SKO (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATION TO B.M. TRATE, Warden, ) GRANT RESPONDENT’S MOTION TO DISMISS Respondent. ) AND TRANSFER ACTION ) ) [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 U.S. Penitentiary in Atwater, California. He filed the instant federal petition on February 9, 2023. (Doc. 1.1) Respondent filed a motion to dismiss the petition on April 12, 2023. (Doc. 7.) Petitioner did not file a traverse. Upon review of the pleadings, the Court finds it lacks jurisdiction insofar as Petitioner fails to satisfy the “savings clause” or “escape hatch” of § 2255(e) which would…