Sherman

(HC) Barrera v. Sherman

Good Law
United States District Court, Eastern District of CaliforniaAugust 24, 20201:20-cv-00913California864 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RUBEN GABRIOLA BARRERA, No. 1:20-cv-00913-NONE-SKO (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

PETITION FOR WRIT OF HABEAS

CORPUS WITH PREJUDICE, DIRECTING

v. THE CLERK OF COURT TO ASSIGN

DISTRICT JUDGE FOR PURPOSE OF

CLOSING CASE AND DECLINING TO

ISSUE CERTIFICATE OF APPEALABILITY

16 STU SHERMAN, (Doc. No. 10) 17 Respondent. 18 Petitioner is a state prisoner proceeding in propria persona with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 6, 2020, the assigned magistrate judge issued findings and recommendations recommending that the pending petition be dismissed with prejudice for failure to present a cognizable ground for federal habeas relief. (Doc. No. 10.) Specifically, the findings and recommendations reasoned that petitioner’s sole claim—that the trial court erred in denying his motion to…

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