Shinn
(HC) McBride v. Shinn
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RANDALL MCBRIDE, No. 1:19-cv-00482-DAD-EPG (HC) Plaintiff, v. ORDER DISMISSING HABEAS ACTION,
DIRECTING CLERK OF COURT TO CLOSE
D. SHINN, CASE, AND DECLINING TO ISSUE A
CERTIFICATE OF APPEALABILITY
Defendant.
16 On July 23, 2018, petitioner Randall McBride filed a federal habeas petition brought pursuant to 28 U.S.C. § 2241. (Doc. No. 1.) Therein, petitioner challenged his 2016 conviction and sentence for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and possessing an unregistered firearm, in violation of 26 U.S.C. § 5861(d). On November 5, 2019, the court granted respondent’s motion to dismiss the petition and ordered petitioner to notify the court whether he wished to have his § 2241 petition construed as a motion to vacate, set aside, or correct the sentence under 28 U.S.C. § 2255 or to voluntarily dismiss the instant action without prejudice to refiling his…