(HC) Hemingway v. Clark

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL DAVID HEMINGWAY, No. 1:20-cv-01367-DAD-SKO (HC) Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING THE

KEN CLARK, Warden, PETITION FOR WRIT OF HABEAS

CORPUS, AND DECLINING TO ISSUE A

Defendant. CERTIFICATE OF APPEALABILITY 16 (Doc. Nos. 1, 8) 18 19 Petitioner Michael David Hemingway is a state prisoner proceeding pro se with a petition for writ of habeas corpus. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 5, 2020, the assigned magistrate judge issued findings and recommendations, recommending that: (1) the pending habeas corpus petition be dismissed; (2) a certificate of appealability not issue; and (3) the Clerk of Court be directed to provide petitioner with a blank civil rights complaint form. (Doc. No. 8.) Specifically, the magistrate judge found that the…