(HC) Lavery v. California Department of Corrections and Rehabilitation

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT CHARLES LAVERY, No. 1:20-cv-00948-NONE-JLT (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 THEN

CLOSE CASE, AND DECLINING TO ISSUE

CERTIFICATE OF APPEALABILITY

16 CALIFORNIA DEPARTMENT OF (Doc. No. 5) CORRECTIONS AND

REHABILITATION,

18 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. He alleges that he is receiving inadequate medical care because his transfer from the Kings County Jail to state prison has been put on hold due to COVID-19 and that “law enforcement over-charg[ed]” his case and “stack[ed]” crimes in order to secure a conviction. (See Doc. No. 1.) On July 10, 2020, the magistrate judge assigned to…