Macomber

(HC) Stewart v. Macomber

Good Law
United States District Court, Eastern District of CaliforniaSeptember 2, 20201:20-cv-00969California915 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY W. STEWART, No. 1:20-cv-00969-NONE-SAB-HC Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATION, DISMISSING

v. PETITION FOR WRIT OF HABEAS

CORPUS, DIRECTING CLERK OF COURT

J. MACOMBER, TO ASSIGN DISTRICT JUDGE AND CLOSE

CASE, AND DECLINING TO ISSUE A

Respondent. CERTIFICATE OF APPEALABILITY (Doc. No. 6) 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He alleges he did not receive a fair trial; evidence in his case was obtained as the result of an unconstitutional search; he received ineffective assistance from his counsel; and there was insufficient evidence presented at his trial to find him guilty. (See Doc. No. 1.) On July 22, 2020, the assigned magistrate judge issued findings and recommendation that recommended dismissing the petition as an unauthorized successive…

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