Trate
(HC) Winston v. Trate
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…