Robertson

(HC) Munguia v. Robertson

Good Law
United States District Court, Eastern District of CaliforniaFebruary 6, 20201:18-cv-00742California1,886 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE LUIS MUNGUIA, Case No. 1:18-cv-00742-LJO-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO

DISMISS PETITION

v.

OBJECTIONS DUE IN FOURTEEN DAYS

JIM ROBERTSON, ECF No. 1 Respondent.

ORDER DENYING MOTION TO APPOINT

COUNSEL ECF No. 9 18 Petitioner Jose Luis Munguia, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. On April 30, 2019, we ordered petitioner to show cause why his petition should not be dismissed for failure to state a claim and for untimeliness. ECF No. 7. On May 31, 2019, petitioner filed a response and a motion to appoint counsel. ECF No. 8, 9. Because petitioner has failed to address the deficiencies in his petition, we recommend that his petition be dismissed. We deny petitioner’s motion to appoint counsel. Failure to State a Claim Petitioner makes one claim in his habeas petition: that the…

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