Trate

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

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

Petitioner, ORDER VACATING NOVEMBER 18, 2022

FINDINGS AND RECOMMENDATION

v.

FINDINGS AND RECOMMENDATION TO

B.M. TRATE, DISMISS SECOND AMENDED PETITION

FOR WRIT OF HABEAS CORPUS

Respondent. (ECF Nos. 10, 19) 15 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. I. BACKGROUND Petitioner is currently incarcerated at the United States Penitentiary in Atwater, California. (ECF No. 19 at 1.)1 Petitioner pleaded guilty in the United States District Court for the Northern District of California to racketeering conspiracy (Count One), conspiracy to commit murder in aid of racketeering activity (Count Two), conspiracy to commit assault with a dangerous weapon in aid of racketeering activity (Count Three), use of a firearm in furtherance of a crime of violence…