Ciolli
(HC) Gonzalez v. Ciolli
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID TRINIDAD GONZALEZ, No. 1:20-cv-00724-DAD-SKO (HC) Petitioner, ORDER GRANTING RESPONDENT’S
MOTION TO STAY ORDER TO RESPOND
v. (Doc. 16) WARDEN CIOLLI, ORDER DIRECTING RESPONDENT TO
SUBMIT STATUS REPORT
Respondent. [60-DAY DEADLINE]
17 Petitioner is a federal prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner filed his federal habeas petition in this Court on May 22, 2020. (Doc. 1.) He contends that he is actually innocent of his mandatory life sentence because his two prior state offenses do not qualify as predicates in light of the recent decisions by the Supreme Court in Descamps v. United States, 570 U.S. 254 (2013); Mathis v. United States, —– U.S. —–, 136 S. Ct. 2243 (2016). Petitioner further contends that the Court has jurisdiction to entertain his claim under the savings clause in 28 U.S.C. § 2255,…