Macomber

(HC) Brewer v. Macomber

Good Law
United States District Court, Eastern District of CaliforniaAugust 28, 20242:24-cv-00587California735 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLES BREWER, Case No. 2:24-cv-00587-KJM-JDP (HC) Petitioner, ORDER v. DENYING MOTIONS TO REPLACE

MAGISTRATE JUDGE AND FOR

JEFF MACOMBER, RECONSIDERATION Respondent. ECF Nos. 5 & 6 16 17 Petitioner, a state prisoner, brought this action under section 2254, alleging that his rights 18 were violated when the state courts rejected his habeas petition challenging a prison disciplinary 19 violation. ECF No. 1 at 4. I screened his petition, which not to contain a cognizable federal 20 habeas claim and to be unexhausted. ECF No. 4. I did not recommend that the action be 21 dismissed, however, and instead offered petitioner a chance to amend and to explain why his 22 claims were both exhausted and viable. Id. Rather than amending his complaint, however, 23 petitioner filed two motions. ECF Nos. 5 & 6. Both, for reasons stated below, are denied. I will 24 allow petitioner an additional thirty days to file his amended petition. 25 Motion…

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