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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 GERARDO CASTILLO-CHAVEZ, ) Case No.: 1:23-cv-00413-SKO (HC) ) Petitioner, ) ORDER VACATING STAY OF FINDINGS AND ) RECOMMENDATIONS v. ) ) 14 ) B.M. TRATE, Warden, ) ) Respondent. ) )

Petitioner is a federal prisoner proceeding in forma pauperis with appointed counsel 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 United States Penitentiary in Atwater, California. He filed the instant federal petition on March 20, 2023. On March 27, 2023, the Court conducted a preliminary review of the petition and recommended the petition be dismissed for lack of jurisdiction. Thereafter, it came to the Court’s attention that California General Order 563, which provides for referrals to the Federal Defender’s Office for matters involving claims under Johnson v. United States, 135 S.Ct. 2551 (2015), may cover the petition. On April 13,…