Price

(HC) Russ v. Price

Good Law
United States District Court, Eastern District of CaliforniaMay 15, 20201:18-cv-01154California1,936 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROY RUSS, Case No. 18-cv-1154-AWI-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS PETITION BRANDON PRICE, OBJECTIONS DUE IN THIRTY DAYS Respondent. ECF No. 24 16 Petitioner Roy Russ, a civil detainee confined at Coalinga State Hospital, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. Petitioner challenges a 2016 state superior court denial of habeas relief. ECF No. 1 at 42. On March 16, 2020, respondent filed the instant motion to dismiss the petition as untimely. ECF No. 24. On April 1, 2020, petitioner filed an opposition, ECF No. 27, and on April 2, 2020, respondent replied, ECF No. 28. This matter is now ripe for review. For the reasons stated below, respondent’s motion to dismiss should be granted. 24 25 26 1 Although petitioner filed the instant petition using a 28 U.S.C. § 2241 petition form, we construe his…

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