(HC) Obando-Segura v. People of California

Good Law
United States District Court, Eastern District of CaliforniaJanuary 5, 20211:20-cv-01561California1,394 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE ANDRES OBANDA-SEGURA, No. 1:20-cv-01561-NONE-SKO (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS

v. PETITION FOR WRIT OF ERROR CORAM

NOBIS

PEOPLE OF CALIFORNIA, et al., (Doc. Nos. 1, 9) Respondents. 16 Petitioner, proceeding pro se is before the court on a petition for writ of error coram nobis. (Doc. No. 1.) Pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302, this action was referred to a United States Magistrate Judge. On November 10, 2020, the assigned magistrate judge issued findings and recommendations finding that in this action petitioner presented “a garden-variety habeas claim, not an ‘error[] of the most fundamental character’” and that a petition for writ of error coram nobis was not cognizable. (Doc. No. 9 at 4) (quoting Matus-Leva v. United States, 287 F.3d 758, 760 (9th Cir. 2002)). The findings and recommendations also concluded that petitioner had failed to state a…

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