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Mendoza v. Cate

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 18, 2009

ARQUIMENDES MENDOZA, PETITIONER,
v.
MATTHEW CATE, RESPONDENT.

ORDER

Petitioner is a federal prisoner proceeding pro se with a petition which appears to be a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner has attached to his petition in this action exhibits which indicate that he is currently in federal custody and is challenging, in a separate action, the sentence that was imposed against him in federal court for illegal re-entry after deportation in violation of 8 U.S.C. § 1326. In the pending petition, petitioner challenges his 2004 guilty plea to rape of an intoxicated person for which he was sentenced to three years in state prison. However, it appears that petitioner has served his state prison sentence. Because the nature of the pending petition is unclear, the court will direct petitioner to file a response to this order clarifying whether petitioner is attempting to proceed in this action with a habeas petition brought pursuant to 28 U.S.C. § 2241, a petition for a writ of error corum nobis*fn1 , or some other action.

Accordingly, IT IS HEREBY ORDERED that within thirty days from the service of this order, petitioner shall file a response to this order clarifying the relief he seeks herein, the nature of the claim he wishes to pursue and the legal authority which supports his request for relief, including the basis for the court's exercise of jurisdiction over his petition.


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