Trate

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CHAD NOBLE, Case No. 1:22-cv-01537-CDB (HC)

Petitioner, FINDINGS AND RECOMMENDATIONS

THAT RESPONDENT’S MOTION TO

v. DISMISS BE GRANTED AND THE

PETITION FOR WRIT OF HABEAS

TRATE, CORPUS BE DISMISSED WITHOUT

LEAVE TO AMEND

Respondent. (Doc. 18)

TWENTY-ONE DAY DEADLINE.

17 Clerk of Court to randomly assign District Judge

Petitioner Chad Noble (“Petitioner”) is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1). Petitioner raises an “escape hatch” claim where he asserts that he is actually innocent of his sentencing enhancement under 28 U.S.C. § 2255(e). Specifically, Petitioner asserts that his Indiana Code convictions are not categorically qualified predicates under Descamps v. United States, 570 U.S. 254 (2013) and Mathis v. United States, 579 U.S. 500 (2016). (Doc. 1 at 11-12). Pending before the Court is Respondent Trate’s…