Spearman
(HC) Franks v. Spearman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TOM MARK FRANKS, No. 1:18-cv-00385-DAD-JDP (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
M.E. SPEARMAN, THE PETITION FOR A WRIT OF HABEAS
CORPUS
Respondent. (Doc. No. 21)
17 Petitioner Tom Mark Franks is a state prisoner proceeding pro se and in forma pauperis with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On July 17, 2019, the assigned magistrate judge issued findings and recommendations, recommending that the pending petition for federal habeas relief be denied and that the court decline to issue a certificate of appealability. (Doc. No. 21.) Specifically, the findings and recommendations analyzed, and rejected on the merits, petitioner’s claims that he received ineffective assistance by his trial counsel. Those findings…