Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NORMAN ALAN KERR, Case No. 2:23-cv-01148-JDP (HC) Petitioner, ORDER AND FINDINGS AND

RECOMMENDATIONS

v.

WARDEN, Respondents. 16 Petitioner, a federal prisoner without counsel, brings this action pursuant to section 2241 and challenges a conviction that was handed down in the Middle District of North Carolina. ECF No. 1 at 1. He brings this section 2241 action alleging both that he is actually innocent and that his enhancement under section 922(g)(1) is invalid. Id. at 1; ECF No. 2 at 1-2. I recommend that his petition be denied. I will grant his application to proceed in forma pauperis, ECF No. 2, and deny his petition for electronic filing, ECF No. 5 as moot. Finally, petitioner has also filed a motion to amend, ECF No. 6, which, after review, I construe as a motion to expedite and will also deny as moot. Petitioner argues that he is entitled to proceed under section 2241’s “escape hatch” because he is actually innocent.…