Trate
(HC) Castillo-Chavez v. Trate
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 GERARDO CASTILLO-CHAVEZ, Case No. 1:23-cv-00413-JLT-SKO (HC) Plaintiff, ORDER REFERRING TO FEDERAL
DEFENDER’S OFFICE; SETTING
v. BRIEFING SCHEDULE; STAYING
FINDINGS AND RECOMMENDATIONS
B.M. TRATE, Warden, (Doc. 5) Respondent. 16 17 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner filed the instant federal petition on March 20, 2023. (Doc. 1.) On March 27, 2023, the Court conducted a preliminary review of the petition and recommended the petition be dismissed for lack of jurisdiction. (Doc. 5.) Among the various claims Petitioner makes, he contends that he “missed the mark per the constant developments in laws regarding both, the residual clause first announced in Johnson [v. United States, 576 U.S. 591 (2015)] and made retroactive per Welch [v. United States, 578 U.S. 120 (2016)] . . . .” (Doc. 1 at 10.) It has come to the Court’s…