Arviza

(HC) Dunlap v. Arviza

Good Law
United States District Court, Eastern District of CaliforniaJanuary 13, 20251:22-cv-01485California687 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

CARL GENE DUNLAP, ) Case No.: 1:22-cv-1485 JLT CDB (HC) ) Petitioner, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, DISMISSING PETITION v. ) FOR WRIT OF HABEAS CORPUS, AND ) DIRECTING CLERK OF COURT TO ENTER M. ARVIZA, ) JUDGMENT AND CLOSE CASE ) Respondent. ) (Doc. 6) )

Carl Gene Dunlap is a former1 federal prisoner with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, seeking review of a sentence imposed upon him in the Oregon District Court. (Doc. 1 at 2.) Petitioner claims he was not properly awarded credit for time served, despite a ruling that his federal and state sentences should run concurrently. (Id. at 2, 6-7.) The assigned magistrate judge performed a preliminary review of the petition and observed “Petitioner brings a § 2241 petition after having brought a § 2255 petition in the sentencing court in which he raised precisely the same issue as presented here –…

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