Trate

(HC) McCormick v. Trate

Good Law
United States District Court, Eastern District of CaliforniaOctober 23, 20231:23-cv-00176California1,889 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MICHAEL MCCORMICK, Case No. 1:23-cv-00176-EPG-HC

Petitioner, ORDER GRANTING RESPONDENT’S

MOTION TO DISMISS AND DISMISSING

v. PETITION FOR WRIT OF HABEAS

CORPUS

TRATE, (ECF No. 13) Respondent.

15 Petitioner Michael McCormick is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The parties have consented to the jurisdiction of a United States Magistrate Judge. (ECF Nos. 5, 9, 10.) For the reasons discussed herein, the Court will grant Respondent’s motion to dismiss and dismiss the petition. I. BACKGROUND On January 16, 2016, Petitioner was arrested by the Kentucky State Police Department for a state law violation of trafficking in a controlled substance in Laurel County Circuit Court Case No. 16-CR-00101. (App. 2, 19.)1 On December 16, 2016, Petitioner was indicted for state law violations of bail jumping and persistent felony offender in…

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