Ciolli

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DENNIS RAY CAPPS, Case No. 1:20-cv-00766-SAB-HC

Petitioner, ORDER DENYING PETITIONER’S

MOTION TO ALTER OR AMEND

v. JUDGMENT AND DECLINING TO ISSUE

CERTIFICATE OF APPEALABILITY

CIOLLI, (ECF No. 47) Respondent.

16 Petitioner is a federal prisoner who proceeded 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. 25, 26, 27.) I. BACKGROUND Petitioner is currently incarcerated at the United States Penitentiary in Atwater, California. (ECF No. 1 at 1.)1 Petitioner was found guilty of possession with intent to distribute fifty grams or more of methamphetamine and was sentenced to a mandatory term of life in prison under 21 U.S.C. § 841(b)(1)(A)(viii). United States v. Capps, 716 F.3d 494, 495–96 (8th Cir. 2013). On June 11, 2013, the Eighth Circuit affirmed the…