Warden

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRENT EUGENE BAILEY, No. 2:23-cv-01087-EFB (HC) 12 Petitioner, 13 v. ORDER 14 WARDEN, FCI HERLONG, 15 Respondent. 16 17 Petitioner is a federal prisoner proceeding without counsel in this petition for writ of 18 habeas corpus brought under 28 U.S.C. § 2241. ECF No. 1. The court has reviewed the petition 19 and finds that the petition must be dismissed with leave to amend. 20 I. Background 21 Petitioner is confined in federal prison at FCI Herlong. ECF No. 1. He alleges that he 22 should be resentenced because, under cases from the Eleventh and Fourth Circuits dating from 23 after his sentencing, he is no longer subject to a career offender enhancement. Id. 24 II. The Petition 25 A. Screening Standards for § 2241 Petitions 26 United States District Courts have authority under 28 U.S.C. § 2241 to grant petitions for 27 writ of habeas corpus to federal prisoners “in custody in violation of the Constitution or laws or 28 treaties of the…