(HC) Fiorito v. Brewer

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL FIORITO, No. 2:23-cv-0758 WBS AC P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 BREWER, 15 Respondent. 16 17 Petitioner, a federal prisoner, filed an application for a writ of habeas corpus pursuant to 18 28 U.S.C. § 2241. Currently before the court is respondent’s motion to dismiss the petition. ECF 19 No. 10. 20 I. Background 21 In May 2009, petitioner was convicted by a jury in the District of Minnesota of one count 22 of conspiracy to commit mail fraud and six counts of mail fraud.…