(HC) Chen v. Warden, USP Atwater

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JIA WU CHEN, ) Case No.: 1:24-cv-0153 JLT EPG (HC) ) Petitioner, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, DISMISSING THE v. ) PETITION FOR WRIT OF HABEAS CORPUS, ) DIRECTING CLERK OF COURT TO CLOSE WARDEN, USP ATWATER, ) CASE, AND DECLINING TO ISSUE A ) CERTIFICATE OF APPEALABILITY Respondent. ) ) (Doc. 5) ) )

Jia Wu Chen is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, asserting the U.S. Marshals and U.S. Attorney failed to advise him of his right to consulate assistance and notify the Chinese consular upon Petitioner’s arrest, as required by Article 36 of the Vienna Convention on Consular Relations. (Doc. 1 at 6-7.) Petitioner contends these failures violated his rights under the Fifth and Sixth Amendments, and if he had been aware of the rights then “he would not have pled guilty but would have…