(HC) Taylor v. Lynch

Good Law
United States District Court, Eastern District of CaliforniaJuly 16, 20201:20-cv-00353California3,005 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOE NATHAN TAYLOR, ) Case No.: 1:20-cv-00353-AWI-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) GRANT RESPONDENT’S MOTION TO DISMISS v. ) ) (Doc. 11) JEFF LYNCH, Warden, ) Respondent. ) TWENTY-ONE DAY OBJECTION DEADLINE ) )

On February 28, 2020, Petitioner filed the instant federal petition for writ of habeas corpus. (Doc. 1.) The United States District Court for the Central District of California transferred the case to this Court on March 4, 2020. (Doc. 3.) The Respondent has moved the Court to dismiss the action as successive, untimely and unexhausted. (Doc. 11.) Petitioner filed an opposition on July 6, 2020. (Doc. 17.) Respondent filed a reply on July 10, 2020. (Doc. 18.) The Court recommends that the motion to dismiss be GRANTED and the petition be DISMISSED. DISCUSSION I. Procedural Grounds for Motion to Dismiss Rule 4 of the…

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