(HC) Harper v. Mariposa County Superior Court

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL HARPER, No. 1:20-cv-00808-NONE-SKO (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

PETITION FOR WRIT OF HABEAS

CORPUS, DIRECTING THE CLERK OF

v. COURT TO ASSIGN DISTRICT JUDGE FOR

PURPOSE OF CLOSING CASE AND

DECLINING TO ISSUE CERTIFICATE OF

APPEALABILITY

16 MARIPOSA COUNTY SUPERIOR (Doc. No. 6) COURT, Respondent. 19 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 June 18, 2020, the magistrate judge assigned to the case issued findings and recommendations to dismiss the petition, reasoning that petitioner had named the wrong respondent and that his sole claim—a due process claim related to a prison disciplinary proceeding—was plainly without merit because the exhibits attached to the petition demonstrated that all the…