Sherman

(HC) Knight v. Sherman

Good Law
United States District Court, Eastern District of CaliforniaDecember 20, 20191:19-cv-00159California627 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 6 CLARENCE VENSON KNIGHT, Case No. 1:19-cv-00159-LJO-JDP Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS WRIT

v. OF HABEAS CORPUS AS SUCCESSIVE STU SHERMAN, ECF No. 15 Respondent. 12 Petitioner Clarence Venson Knight, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. The court has referred this matter to a magistrate judge under 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On December 10, 2019, the assigned magistrate judge issued findings and recommendations that the court dismiss the petition as successive and decline to issue a certificate of appealability. ECF No. 15. On December 18, 2019, petitioner filed objections to the findings and recommendations. ECF No. 16. Petitioner argued that his petition is not successive because his previous federal habeas petitions did not dispute the calculation of his credit for time earned and his…

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