Trate

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ALEX YRIGOLLEN, Case No. 1:23-cv-00981-JLT-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS

B.M. TRATE, et al., (ECF No. 14) Respondents.

16 Petitioner Alex Yrigollen, represented by counsel, is a federal prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. I. BACKGROUND In 1992, Petitioner was convicted of second-degree murder, in violation of California Penal Code section 187, and sentenced to an imprisonment term of fifteen years to life plus a consecutive term of five years. (ECF No. 1-2 at 1.1) In 2021, while Petitioner was serving his state sentence in the custody of the California Department of Corrections and Rehabilitation (“CDCR”), Petitioner was indicted in the United States District Court for the Northern District of California. (ECF No. 14 at 2; App. 11, 31.2) On August 27, 2021, the…