Arviza

(HC) Drister v. Arviza

Good Law
United States District Court, Eastern District of CaliforniaMarch 29, 20241:23-cv-01109California600 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LEONARD O. DRISTER, No. 1:23-cv-1109 JLT EPG (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

v. PETITION FOR WRIT OF HABEAS

CORPUS, DIRECTING CLERK OF COURT

M. ARVIZA, TO CLOSE CASE, AND DECLINING TO

ISSUE CERTIFICATE OF APPEALABILITY

Respondent. (Doc. 9) 16 Leonard O. Drister is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The magistrate judge found “Petitioner’s statutory claims cannot be brought pursuant to 28 U.S.C. § 2241,” and recommended the petition be dismissed for lack of jurisdiction. (Doc. 9 at 1; see id. at 2-3.) The Court served the Findings and Recommendations on Petitioner and notified him that any objections were due within 30 days. (Id. at 3.) The Court advised him that the…

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