Trate

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

TONY MANNS, Case No. 1:23-cv-01539-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

v. HABEAS CORPUS

B.M. TRATE, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

Respondent.

16 On October 30, 2023, Petitioner, proceeding pro se, filed the instant federal habeas petition pursuant to 28 U.S.C. § 2241 wherein he asserts that the sentencing court improperly delegated the scheduling of restitution payments, and requests that the Court issue an order for the Warden to cease collecting restitution from Petitioner and to place Petitioner on Inmate Financial Responsibility Program (“IFRP”) exempt status. (ECF No. 1 at 2.)1 Rule 4 of the Rules Governing Section 2254 Cases2 requires preliminary review of a habeas petition and allows a district court to dismiss a petition before the respondent is ordered to file a response, if it “plainly appears from the petition and any attached exhibits that the 25 …