Ciolli

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DENNIS RAY CAPPS, Case No. 1:20-cv-00766-SAB-HC

Petitioner, ORDER DENYING RESPONDENT’S

MOTION TO DISMISS AND DENYING

v. ALTERNATIVE MOTION TO CONTINUE

STAY

CIOLLI, (ECF No. 37) Respondent.

ORDER LIFTING STAY

ORDER TO FILE ANSWER AND SETTING

BRIEFING SCHEDULE

18 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, 26.) I. BACKGROUND 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 /// prison under 21 U.S.C. § 841(b)(1)(A)(viii). United States v. Capps, 716…