Spearman

(HC) Hurtado v. Spearman

Good Law
United States District Court, Eastern District of CaliforniaApril 20, 20201:19-cv-01159California816 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD ANTHONY HURTADO, No. 1:19-cv-01159-DAD-JLT (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

M.E. SPEARMAN, RESPONDENT’S MOTION TO DISMISS,

DENYING PETITION FOR WRIT OF

Respondent. HABEAS CORPUS, AND DECLINING TO

ISSUE A CERTIFICATE OF

APPEALABILITY (Doc. No. 19) 18 19 Petitioner Richard Anthony Hurtado is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. No. 1.) The matter was referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 18, 2020, the assigned magistrate judge issued findings and recommendations recommending that respondent’s motion to dismiss the pending petition (Doc. No. 13) be granted. (Doc. No. 19.) Specifically, the magistrate judge found that…

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