Trate

(HC) Clarke v. Trate

Good Law
United States District Court, Eastern District of CaliforniaAugust 29, 20221:22-cv-00820California537 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SWAIN CLARKE, No. 1:22-cv-00820-BAK Petitioner, ORDER GRANTING PETITIONER’S

MOTION TO AMEND PETITION

v. (Doc. No. 8) B. TRATE,

Respondent.

17 Petitioner Swain Clarke, a federal prisoner initiated this action by filing a pro se petition 18 for writ of habeas corpus under 28 U.S.C. § 2241 on July 5, 2022 while incarcerated at U.S. P. 19 Atwater. (Doc. No. 1). On August 17, 2022, the Petitioner moved to amend his petition. (Doc. 20 No. 8). Respondent has not filed a response to the Petition. 21 The Federal Rules of Civil Procedure are to be applied to habeas proceedings, to the 22 extent that they are not inconsistent with the habeas statutory provisions and habeas rules. Rules 23 24 1 The petition contains two grounds: (1) Petitioner was denied due process in connection with 25 disciplinary infractions that occurred at U.S. P. Ellenwood (Ground One); and (2) Petitioner was denied effective assistance of appellate counsel in connection with his conviction entered by…

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