Muniz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DWIGHT TAMPLIN, JR., No. 1:12-cv-01633-AWI-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO DENY MOTION FOR ORDER

DISMISSING STATE COURT ACTION v. WITH PREJUDICE, OR IN THE ALTERNATIVE, SCHEDULE AN

EVIDENTIARY HEARING

WILLIAM MUNIZ, [Docs. 84, 85] Respondent. [TWENTY-ONE DAY OBJECTION DEADLINE] 18 Petitioner filed a habeas petition on October 4, 2012, challenging his 2007 conviction in Fresno County Superior Court of possession of a firearm by a felon. On October 5, 2018, the Court issued an order granting the petition with instructions that Petitioner be released from custody within ninety days unless he was arraigned and a new trial date set. Pending before the Court are Petitioner’s two motions to dismiss the state court action, filed on December 23 and 27, 2019, respectively. (Docs. 84, 85.) Petitioner contends…