Trate

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LUKNER BLANC, No. 1:22-cv-01192-JLT-SAB (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

v. RESPONDENT’S MOTION TO DISMISS,

DISMISSING THE PETITION FOR WRIT OF

B.M. TRATE, HABEAS CORPUS, DIRECTING CLERK OF

COURT TO CLOSE CASE, AND

Respondent. DECLINING TO ISSUE CERTIFICATE OF

APPEALABILITY

16 (Docs. 17, 19) 17 Lukner Blanc is a federal prisoner proceeding pro se with a petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2241, asserting he is actually innocent based upon Ruan v. United States, 142 S. Ct. 2370 (2022) and Dubin v. United States, 599 U.S. 110 (2023). (See Docs. 1, 16.) Respondent seeks dismissal of the petition for lack of jurisdiction. (Doc. 17.) The magistrate judge found Petitioner was unable to bring his claims in a petition filed under 28 U.S.C. § 2241, and the Court lacked jurisdiction. (Doc. 19 at 4-5, citing Jones v. Hendrix,…