(HC) Cloud v. Ninth Circuit District Court

Good Law
United States District Court, Eastern District of CaliforniaSeptember 3, 20191:19-cv-00944California652 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOEL CLOUD, Case No. 1:19-cv-00944-SKO-HC

Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION TO

NINTH CIRCUIT DISTRICT COURT, DISMISS PETITION WITHOUT

PREJUDICE

Respondent. [10-DAY OBJECTION DEADLINE] 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On April 17, 2019, Petitioner filed a federal habeas petition in the Ninth Circuit Court of Appeals. (Doc. 2.) The petition was transferred to the Sacramento Division of the Eastern District of California on July 2, 2019, and then transferred again to the Fresno Division on July 11, 2019. (Docs. 1, 5.) After conducting a preliminary review of the petition, on July 29, 2019, the Court found that Petitioner had failed to name a proper respondent and failed to present any cognizable grounds for relief. (Doc. 8.) Accordingly, the Court dismissed the petition with leave to file a first amended petition. …

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