(HC) Shrader v. Garland

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 THOMAS CREIGHTON SHRADER, Case No. 1:21-cv-01229-ADA-CDB (HC)

Petitioner, FINDINGS AND RECOMMENDATIONS

TO GRANT RESPONDENT’S MOTION

v. TO DISMISS (Doc. 20) AND DENY

PETITIONER’S MOTION FOR

MERRICK B. GARLAND, et al., SUMMARY JUDGMENT (Doc. 31)

Respondents.

FOURTEEN-DAY DEADLINE

18 Petitioner Thomas Creighton Shrader (“Shrader”) is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 17). Shrader is currently in the custody of the Bureau of Prisons (“BOP”) at the Federal Correctional Institution located in Mendota, California. In the operative petition, filed May 3, 2022, Shrader claims that he received a sentence enhancement under the Armed Career Criminal Act (“ACCA”) in error. 18 U.S.C. §§ 922(g)(1), 924(e)(1). Respondent filed a motion to dismiss on August 30, 2022. (Doc. 20). Shrader filed an opposition on September 23,…