Ciolli
(HC) Capps v. Ciolli
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DENNIS RAY CAPPS, Case No. 1:20-cv-00766-SAB-HC
Petitioner, ORDER DENYING PETITIONER’S
MOTION FOR EXPEDITED
v. ADJUDICATION OR IMMEDIATE
RELEASE
CIOLLI, (ECF No. 35) Respondent.
16 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The parties have consented to the jurisdiction of a United States Magistrate Judge. (ECF Nos. 25–27). Petitioner is currently incarcerated at the United States Penitentiary in Atwater, California. (ECF No. 1 at 1).1 Petitioner was found guilty of possession with intent to distribute fifty grams or more of methamphetamine and was sentenced to a mandatory term of life in prisoner under 21 U.S.C. § 841(b)(1)(A)(viii). United States v. Capps, 716 F.3d 494, 495–96 (8th Cir. 2013). On June 2, 2020, Petitioner filed a petition for writ of habeas corpus, asserting that his prior Missouri drug convictions are not qualifying predicates for §…