Trate

(HC) Noble v. Trate

Good Law
United States District Court, Eastern District of CaliforniaJanuary 26, 20241:22-cv-01537California665 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CHAD NOBLE, Case No. 1:22-cv-01537 JLT CDB (HC)

Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

v. RESPONDENT’S MOTION TO DISMISS,

DISMISSING THE PETITION, DIRECTING

TRATE, THE CLERK OF COURT TO CLOSE THE

CASE, AND DECLINING TO ISSUE A

Respondent. CERTIFICATE OF APPEALABILITY

(Docs. 18, 24)

Chad Noble is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, asserting the Court should vacate his mandatory life sentence pursuant to the savings clause of 28 U.S.C. § 2255(e) and Allen v. Ives, 950 F.3d 2242 (2016). (See Doc. 1 at 6.) Respondent seeks dismissal for lack of jurisdiction. (Doc. 18.) The magistrate judge found Petitioner was unable to bring his claims in a petition filed under 28 U.S.C. § 2241, and the Court lacked jurisdiction. (Doc. 24 at 4-5, citing Jones v. 23…

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