Macomber

(HC) Stewart v. Macomber

Good Law
United States District Court, Eastern District of CaliforniaMarch 4, 20201:19-cv-01331California724 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY W. STEWART, No. 1:19-cv-01331-NONE-JDP Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS

v. PETITION J. MACOMBER, (Doc. No. 7) Respondent. 16 Petitioner Gregory W. Stewart, a state prisoner proceeding without counsel in this action, seeks the issuance of a writ of habeas corpus under 28 U.S.C. § 2254. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 10, 2020, the assigned magistrate judge issued findings and recommendations recommending the petition be dismissed due to this court’s lack of jurisdiction over petitioner’s unauthorized second or successive petition. (Doc. No. 7.) Those findings and recommendations were served on petitioner and contained notice that any objections thereto were due within fourteen (14) days. (Id.) On February 21, 2020, petitioner filed his objections to the…

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