(HC) Chen v. Warden, USP Atwater

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JIA WU CHEN, Case No. 1:24-cv-00153-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

v. HABEAS CORPUS FOR LACK OF

JURISDICTION

WARDEN, USP ATWATER,

ORDER DIRECTING CLERK OF COURT

Respondent. TO ASSIGN DISTRICT JUDGE

15 Petitioner Jia Wu Chen is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. As this Court does not have jurisdiction to entertain the instant petition pursuant to the savings clause of 28 U.S.C. § 2255(e), the undersigned recommends dismissal of the petition. I. BACKGROUND Petitioner is currently housed at the United States Penitentiary in Atwater, California. (ECF No. 1 at 2.1) On February 2, 2024, Petitioner filed the instant petition wherein he challenges his conviction after pleading guilty to hostage taking in the United States District Court for the Eastern District of…