Ciolli

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID TRINIDAD GONZALEZ, No. 1:20-cv-00724-DAD-SKO (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, IN PART, AND

WARDEN CIOLLI, DENYING MOTION TO STAY AS MOOT Respondent. (Doc. Nos. 10, 12) 16 Petitioner David Trinidad Gonzalez is a federal prisoner proceeding pro se and in forma pauperis with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. In his pending petition, petitioner asserts that according to the Ninth Circuit’s recent decision in Allen v. Ives, 950 F.3d 1184 (9th Cir. 2020), he may bring his claim of actual innocence in challenging his sentence—a statutory mandatory minimum sentence of life imprisonment—by way of this § 2241 action. (Doc. No. 1 at 7, 12.) On August 19, 2020, respondent filed a motion to stay this case pending the Ninth…