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

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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

12 Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

13 v. HABEAS CORPUS FOR LACK OF

JURISDICTION AND DENY

14 B.M. TRATE, PETITIONER’S MOTIONS

15 Respondent. (ECF Nos. 3, 4, 8, 10–12)

16 ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

17 18 Petitioner LeAnthony T. Winston is a federal prisoner proceeding pro se with a petition 19 for writ of habeas corpus pursuant to 28 U.S.C. § 2241. As this Court does not have jurisdiction 20 to entertain the instant petition pursuant to the savings clause of 28 U.S.C. § 2255(e), the 21 undersigned recommends dismissal of the petition. 22 I. 23 BACKGROUND 24 On December 26, 2023, Petitioner filed a petition for writ of habeas corpus pursuant to 25 28 U.S.C. § 2241 in the United States Court of Appeal for the Ninth Circuit. (ECF No. 1.) 26 Petitioner…

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