Trate

(HC) Nelson v. Trate

Good Law
United States District Court, Eastern District of CaliforniaJune 14, 20231:23-cv-00882California2,744 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CECIL DEWITT NELSON, ) Case No.: 1:23-cv-00882-SKO (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATIONS TO B.M. TRATE, ) DISMISS PETITION FOR WRIT OF HABEAS Respondent. ) CORPUS ) ) [21-DAY OBJECTION DEADLINE] )

Petitioner is a federal prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. He is in the custody of the Bureau of Prisons at the United States Penitentiary in Atwater, California. He filed the instant federal petition on June 9, 2023, challenging his conviction and sentence. Because the petition is successive, and the Court lacks jurisdiction to consider the claims, the Court will recommend that the instant petition be DISMISSED. BACKGROUND On February 21, 2019, Petitioner filed a petition for writ of habeas corpus in…

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