Lepe

Tony Neely v. Lepe

Good Law
United States District Court, Central District of CaliforniaJune 14, 20222:22-cv-02969California2,005 words

Opinion

Trial Court Opinion

I. INTRODUCTION

On May 2, 2022, Petitioner Tony Neely, a.k.a. Tony Curruthers, filed a Petition for Writ of Habeas Corpus by a Person in Federal Custody pursuant to 28 U.S.C. § 2241 (“Petition”). (Dkt. No. 1.) Petitioner also submitted a Request to Proceed In Forma Pauperis (“IFP Request”). (Id. at 6–7.) The Court’s review of the Petition, the Court’s own records, and public records reveals that the Petition has deficiencies. These deficiencies, discussed in more detail below, are potentially grounds to transfer this case to the Western District of Tennessee at Memphis. The Petition arises from Petitioner’s convictions and the Western District of Tennessee’s finding that Petitioner was an armed career criminal. See Curruthers v. United States, No. CR 09-20439, 2020 WL 3913581 (W.D. Tenn. July 10, 2020). In July

1 Where necessary, the Court takes judicial notice of the public records. See Fed. R. Evid. 201(b)(2) (“The court may judicially notice a fact that is not subject to reasonable dispute because it . . . can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.”); United States v. Wilson, 631 F.2d 118, 119 (9th Cir.…

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