Fisher
(HC) Bisel v. Fisher
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY EUGENE BISEL, No. 1:17-cv-00013-DAD-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION TO
DENY MOTION FOR DEFAULT
v. [Doc. 41] RAY FISHER, JR., et al., Respondents. 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 December 2, 2019, Petitioner filed a motion entitled, “Motion to Disqualify State for Violating Court Order; Motion to Issue Writ of Habeas Corpus.” (Doc. 41.) Petitioner complains that Respondent has failed to timely comply with a court order. He requests that the writ be issued and he be released from custody. Respondent did not file a response to the motion. The Court will construe the motion as a motion for default and recommend it be denied. DISCUSSION Petitioner notes that the Court issued an order on September 20, 2019, directing Respondent to return a completed form indicating consent or decline…