Trate

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4 5 6 7 8 UNITED STATES DISTRICT COURT 9

EASTERN DISTRICT OF CALIFORNIA

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11 SWAIN CLARKE, Case No. 1:22-cv-00820-NODJ-CDB (HC)

12 Petitioner, ORDER DENYING CERTIFICATE OF

APPEALABILITY

13 v. (ECF Nos. 23, 28) 14 B. TRATE, 15 Respondent. Clerk of the Court to File with Court of Appeals

16 (ECF No. 28) 17

18 This action returns to the Court following the Ninth Circuit Court of Appeals’ limited remand 19 for the purpose of granting or denying a certificate of appealability. (ECF No. 28.) For the reasons set 20 forth below, the Court DENIES the certificate of appealability. 21 I. Background 22 Petitioner Swain Clarke (“Petitioner”) is a federal prisoner proceeding pro se with a petition for 23 writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF Nos. 1, 11.) On March 7, 2023, the Court 24 dismissed Petitioner’s escape hatch claim with prejudice and his unconstitutional custody claim 25 without prejudice and granted Petitioner thirty (30) days to file a second amended petition “to the 26 extent Petitioner in good faith can…