(HC) Frank v. Warden, USP Atwater
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JIMMY LEE FRANK, Case No. 1:21-CV-00568-HBK (HC) Plaintiff, ORDER GRANTING RESPONDENT’S
MOTION TO DISMISS
v.
ORDER DENYING PETITIONER’S
WARDEN USP-ATWATER, REQUEST FOR APPOINTMENT OF
COUNSEL
Defendant.
ORDER DENYING PETITIONER’S
REQUEST FOR EVIDENTIARY HEARING (Doc. No. 17) 18 19 20 21 Petitioner Jimmy Lee Frank (“Petitioner” or “Frank”), a federal prisoner is proceeding pro se, on his petition for writ of habeas corpus filed under 28 U.S.C. § 2241 while incarcerated in Atwater Penitentiary, located in Merced County, California and within the venue and jurisdiction of this Court. (Doc. No. 1, “Petition”). Respondent filed a Motion to Dismiss the Petition in response. (See generally Doc. No. 17, “Motion”). Petitioner filed a response in opposition. 27 1 Both parties have consented to the jurisdiction of a magistrate judge, in accordance with 28 U.S.C. §…