Trate

(HC) Winston v. Trate

Good Law
United States District Court, Eastern District of CaliforniaApril 5, 20241:24-cv-00182California2,532 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LEANTHONY T. WINSTON, Case No. 1:24-cv-00182-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

v. HABEAS CORPUS FOR LACK OF

JURISDICTION AND DENY

B.M. TRATE, PETITIONER’S MOTIONS

Respondent. (ECF Nos. 3, 4, 8, 10–12)

ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

17 Petitioner LeAnthony T. Winston 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 On December 26, 2023, Petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 in the United States Court of Appeal for the Ninth Circuit. (ECF No. 1.) Petitioner…

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