Trate
(HC) Hernandez v. Trate
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JAIRO JOAQUIN HERNANDEZ, No. 1:22-cv-01115-KJM-SAB (HC) Petitioner, ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS IN PART,
v. DISMISSING SECOND AMENDED
PETITION FOR WRIT OF HABEAS
B.M. TRATE, CORPUS, DIRECTING CLERK OF COURT
TO CLOSE CASE, AND DECLINING TO
Respondent. ISSUE CERTIFICATE OF APPEALABILITY (ECF Nos. 19, 20) 16 Petitioner Jairo Joaquin Hernandez is a federal prisoner proceeding pro se with a petition for writ of habeas corpus brought under 28 U.S.C. § 2241. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 30, 2023, the Magistrate Judge issued findings and recommendations to dismiss the second amended petition for writ of habeas corpus for lack of jurisdiction. See generally F&Rs, ECF No. 20. Although the Court granted petitioner a sixty-day extension of time, ECF No. 23, no 23 …