Trate
(HC) Williams v. Trate
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY WILLIAMS, Case No. 1:22-cv-00329-HBK (HC) Petitioner, ORDER GRANTING RESPONDENT’S
MOTION TO DISMISS
v. (Doc. No. 10) B.M. TRATE, Warden,
ORDER DENYING PETITIONER’S MOTION
Respondent. FOR TEMPORARY RESTRAINING ORDER (Doc. No. 1) 17 18 Petitioner Timothy Williams (“Petitioner”), a federal prisoner, initiated this action by filing a pro se petition for writ of habeas corpus under 28 U.S.C. § 2241 while incarcerated in Atwater Penitentiary, located in Merced County, California, which is within the venue and jurisdiction of this Court. (Doc. No. 1, “Petition”). The Petition raises one ground for relief: Petitioner is actually innocent of his conviction under 18 U.S.C. § 924(c)(1)(A) for possession of firearm based on the Supreme Court’s holding in Davis v. United States, 139 S. Ct. 2319 (2019). (Doc. No. 1 at 7). The Petition also includes a Request for Temporary Restraining Order and 26 …