Emas

Emas v. Roman

Good Law
United States District Court, Southern District of CaliforniaOctober 24, 20243:23-cv-02194California2,958 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 NICHOLAS EMAS, Case No.: 23-cv-2194-BTM-DDL

Petitioner,

REPORT AND RECOMMENDATION

v. FOR ORDER DENYING PETITION

FOR WRIT OF HABEAS CORPUS

JAIME I. ROMAN, COMMANDER (0-5)

COMMANDING OFFICER, NAVAL [Dkt. No. 1]

CONSOLIDATED BRIG-MIRAMAR,

16 Respondent. 17 18 Nicholas Emas (“Petitioner”) has filed a Petition for Writ of Habeas Corpus (the “Petition”) pursuant to 28 U.S.C. § 2241 challenging his general court-martial conviction. Dkt. No. 1. The United States opposes the Petition. Dkt. No. 9. The undersigned has considered the Petition, the Opposition, Petitioner’s Traverse and the parties’ supplemental briefing (Dkt. Nos. 1, 18, 23, 24, 26, 27) as well as the parties’ briefs filed in the Air Force Court of Criminal Appeals (Dkt. Nos. 33-3, 45-1). This Report and Recommendation is submitted to the Honorable Barry Ted Moskowitz, United States District Judge, pursuant to 28 U.S.C. § 636 and Civil…

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