Bergman

(HC) Cuellar v. Bergman

Good Law
United States District Court, Eastern District of CaliforniaMay 5, 20201:20-cv-00579California449 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

TRAVIS JUSTIN CUELLAR, Case No. 1:20-cv-00579-NONE-SKO (HC)

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION AS DUPLICATIVE

v. AND SUCCESSIVE

BROOK BERGMAN, Madera County District Attorney, [TEN DAY OBJECTION PERIOD] 15 Respondent.

17 Petitioner is a state prisoner proceeding pro se. He filed the instant action on April 23, 19 2020, as a civil rights complaint. (Doc. 1.) Petitioner’s allegations relate entirely to his conviction 20 in a state court criminal case, including the prosecutor’s alleged facilitating of “eavesdropping by 21 sending a prosecuting agent to eav[e]sdrop on a private attorney-client meeting in an in custody 22 holding area in the Madera Superior Courthouse.” (Id. at 5.) Petitioner alleges that this 23 eavesdropping resulted in Respondent “obtain[ing] incriminating information, resulting in a 24 conviction of Petitioner.” (Id.) Further, Petitioner requests that the Court “consider the plaintiff’s 25 sentence time served based on the…

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