Trate

(HC) Hernandez v. Trate

Good Law
United States District Court, Eastern District of CaliforniaJune 14, 20231:22-cv-01115California667 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JAIRO JOAQUIN HERNANDEZ, Case No. 1:22-cv-01115-ADA-SAB-HC

Petitioner, ORDER GRANTING IN PART

PETITIONER’S MOTION FOR

v. EXTENSION OF TIME TO FILE SECOND

AMENDED PETITION

B.M. TRATE, (ECF No. 17) Respondent.

15 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner is currently incarcerated at the United States Penitentiary in Atwater, California. (ECF No. 7 at 2.)1 On September 1, 2022, Petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 in this Court, asserting that he is actually innocent of 18 U.S.C. § 924(c)(1)(A)(iii) and (c)(3)(B) in light of United States v. Davis, 139 S. Ct. 2319 (2019). (ECF No. 1.) On September 13, 2022, the Court granted Petitioner leave to file an amended petition because Petitioner had not provided the Court with sufficient facts to enable the Court to determine whether Davis is applicable and Respondent should…

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