Trate

(HC) Noble v. Trate

Good Law
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…

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