Trate
(HC) Martin v. Trate
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANK T. MARTIN, Case No. 1:23-cv-00145-HBK (HC) Petitioner, ORDER GRANTING RESPONDENT’S
MOTION TO DISMISS
v. (Doc. No. 10) B.M. TRATE,
ORDER DISMISSING CASE FOR FAILURE
Respondent. TO PROSECUTE 16 17 18 Petitioner Frank T. Martin (“Petitioner” or “Martin”), 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 one ground for relief: Petitioner is actually innocent of the armed career criminal enhancement imposed pursuant to 18 U.S.C. § 924(e)(2)(B) because several of his prior convictions are not violent felonies and therefore “are no longer qualifying predicates for the statutory enhancement.” (Id. at 3, 10-14). Petitioner relies on Descamps v. United States, 570 U.S. 254…