Trate
(HC) Noble v. Trate
United States District Court, Eastern District of CaliforniaNovember 2, 20231:22-cv-01537California2,014 words
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CHAD NOBLE, Case No. 1:22-cv-01537-CDB (HC)
Petitioner, AMENDED FINDINGS AND
RECOMMENDATIONS
v. THAT RESPONDENT’S MOTION TO
DISMISS BE GRANTED AND THE
14 TRATE, PETITION FOR WRIT OF HABEAS
CORPUS BE DISMISSED WITHOUT
Respondent. LEAVE TO AMEND
(Doc. 18)
TWENTY-ONE DAY DEADLINE.
Clerk of Court to randomly assign District Judge
Petitioner Chad Noble (“Petitioner”) is a federal prisoner proceeding pro se with a petition for 21 writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1). Petitioner raises an “escape hatch” 22 claim where he asserts that he is actually innocent of his sentencing enhancement under 28 U.S.C. § 23 2255(e). Specifically, Petitioner asserts that his Indiana Code convictions are not categorically 24 qualified predicates under Descamps v. United States, 570 U.S. 254 (2013) and Mathis v. United…