Trate
(HC) Clarke v. Trate
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SWAIN CLARKE, No. 1:22-cv-00820-ADA-CDB (HC) Plaintiff, v. ORDER DISMISSING THE ACTION WITH
PREJUDICE
B. TRATE, (ECF Nos. 11, 21) Defendant.
16 Petitioner Swain Clarke (“Petitioner”) is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On March 7, 2023, this Court dismissed Petitioner’s escape hatch claim with prejudice and his unconstitutional custody claim without prejudice and granted Petitioner thirty (30) days to file a second amended petition “to the extent Petitioner in good faith can cure the deficiencies” noted in the unconstitutional custody claim. (ECF No. 17.) On March 31, 2023, Petitioner requested, and this Court granted, a thirty (30) day extension of time to file a second amended petition. (ECF Nos. 18, 20). On June 14, 2023, Petitioner filed a second request for extension of time in which he explained, “[o]ne more 60 day extension…