(HC) Brown v. North Kern State Prison

Good Law
United States District Court, Eastern District of CaliforniaSeptember 17, 20201:20-cv-01068California1,174 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENYON D. BROWN, Case No. 1:20-cv-01068-NONE-JDP Petitioner, ORDER VACATING FINDINGS AND

RECOMMENDATIONS TO DISMISS

v. PETITION AS SECOND OR SUCCESSIVE NORTH KERN STATE PRISON, ECF No. 7 Respondent. FINDINGS AND RECOMMENDATIONS TO

DISMISS PETITION AS DUPLICATIVE OF

CASE NUMBER 1:20-cv-01043-NONE-EPG OBJECTIONS DUE IN THIRTY DAYS ECF No. 1 19 Petitioner Kenyon D. Brown, a state prisoner without counsel, filed his petition for a writ 20 of habeas corpus under 28 U.S.C. § 2254 on August 3, 2020. ECF No. 1. On August 11, 2020, I 21 entered findings and recommendations to dismiss the petition as second or successive. ECF No. 22 7. Petitioner objects, ECF Nos. 9, 10, and I find his objection well taken; I will vacate my initial 23 findings and recommendations. Dismissal remains appropriate, however, because the petition is 24…

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