Trate

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARK ANTHONY CLEARMAN, Case No. 1:22-cv-00444-HBK (HC) Petitioner, ORDER GRANTING RESPONDENT’S

MOTION TO DISMISS

v. (Doc. No. 7) B.M. TRATE, Respondent. 16 17 18 Petitioner Mark Anthony Clearman (“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 two grounds for relief that, taken together, advance a claim that Petitioner is actually innocent of his mandatory minimum life sentence because his prior state drug offense, known as a “wobbler” under California law, is no longer a qualifying predicate felony conviction for the purposes of sentence enhancement under 21 U.S.C. § 841(b) and § 851. Respondent filed a Motion to Dismiss the 27 1 Both parties have consented to the…