Trate

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

EDGARDO RODRIGUEZ, Case No. 1:23-cv-01008-JLT-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS

B.M. TRATE, et al., (ECF No. 14) Respondents.

16 Petitioner Edgardo Rodriguez, represented by counsel, is a federal prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. I. BACKGROUND Petitioner was convicted in the Alameda County Superior Court of murder, in violation of California Penal Code section 187, shooting at an inhabited dwelling/vehicle, in violation of California Penal Code section 246, and attempted murder, in violation of California Penal Code sections 664 and 187. On September 16, 2003, Petitioner was sentenced to an imprisonment term of life without the possibility of parole. (ECF No. 1-1 at 1.1) In 2021, while Petitioner was serving his state sentence in the custody of the California …