Legal Opinion

(HC) Fiorito v. Warden

District Court, E.D. California

Decided July 28, 2025No. 2:23-cv-03054Unknown

1Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL FIORITO, No. 2:23-cv-3054 WBS AC P 12 Petitioner, FINDINGS AND RECOMMENDATIONS 13 v. 14 WARDEN, 15 Respondent. 16 17 Petitioner, a federal prisoner, filed an application for a writ of habeas corpus pursuant to 18 28 U.S.C. § 2241. Currently before the court is respondent’s motion to dismiss and response to 19 the petition. ECF No. 7. 20 I. Background 21 In May 2009, petitioner was convicted by a jury in the District of Minnesota of one count 22 of conspiracy to commit mail fraud and six counts…

2Cases cited9 opinions

  1. Gilbert B. Martinez v. Eddie Ylst, Superintendent, California Medical Facility SouthCourt of Appeals for the Ninth Circuit · 1991
  2. Wolff v. McDonnellSupreme Court of the United States · 1974
  3. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  4. Trevor A. Laing v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
  5. Uzuegbunam v. PreczewskiSupreme Court of the United States · 2021

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