Trate

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

SALVADOR CASTRO, Case No. 1:23-cv-00982-JLT-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS

B.M. TRATE, et al., (ECF No. 13) Respondents.

15 Petitioner Salvador Castro, 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 Petitioner was convicted in the Tulare County Superior Court of being a felon in possession of a firearm, in violation of California Penal Code section 12021(a)(1), and having served a prior prison term pursuant to California Penal Code section 667.5. As Petitioner previously had been convicted of three counts of robbery, the court sentenced him pursuant to the three strikes law then in effect and imposed an imprisonment term of twenty-six years to life on April 1, 1997. (ECF No. 1-2 at 1–2.1) In 2021, while…