(HC) Fisher v. Kern County Superior Court

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARY FRANCIS FISHER, Case No. 1:18-cv-01472-LJO-JDP (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS

v. UNAUTHORIZED SUCCESSIVE PETITION

FOR WRIT OF HABEAS CORPUS FOR

KERN COUNTY SUPERIOR COURT, LACK OF JURISDICTION Respondent. ECF No. 7 16 Petitioner Gary Francis Fisher, 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 September 26, 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. 7. These findings and recommendations were mailed to petitioner at his last known address, the Atascadero State Hospital. On October 4, 2019, the service of the findings and recommendations to petitioner was 24 …