Allison

(HC) Weisner v. Allison

Good Law
United States District Court, Eastern District of CaliforniaOctober 4, 20242:23-cv-00662California1,198 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANKIE WEISNER, No. 2:23-cv-0662 DAD AC P Petitioner, v. FINDINGS & RECOMMENDATIONS KATHLEEN ALLISON, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By order and findings and recommendations filed August 19, 2024, the undersigned recommended denying respondent’s motion to dismiss and ordered petitioner to show cause why the petition should not be dismissed as untimely. ECF No. 29. The findings and recommendations were adopted on September 16, 2024 (ECF No. 30), and the same day the court received petitioner’s document styled as a notice of objection and motion pursuant to Federal Rule of Civil Procedure 72(b)(2) (ECF No. 31). The objections appear to be petitioner’s response to the order to show cause. The court previously found that petitioner’s judgment became final on January 16, 2018; absent tolling or…

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