(HC) Hemingway v. Clark

Good Law
United States District Court, Eastern District of CaliforniaOctober 5, 20201:20-cv-01367California928 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL DAVID HEMINGWAY, No. 1:20-cv-01367-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION

KEN CLARK, Warden, TO SUMMARILY DISMISS PETITION Respondent. [21-DAY OBJECTION DEADLINE] 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He filed the instant petition on September 9, 2020, in the United States District Court for the Central District of California. On September 25, 2020, the Central District Court determined that venue was proper in the Eastern District and transferred the petition to this Court. The petition does not challenge the underlying conviction; it instead presents various claims concerning the conditions of his confinement. Accordingly, the Court will recommend it be DISMISSED. DISCUSSION A. Preliminary Review of…

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