Fisher

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

CLIFFORD ALAN DILBERT, ) Case No.: 1:20-cv-01835-JLT (HC) ) Plaintiff, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATION TO R. FISHER, Warden, ) DISMISS HABEAS PETITION Defendant. ) ) [THIRTY-DAY OBJECTION DEADLINE] )

On December 30, 2020, Petitioner filed the instant petition for writ of habeas corpus in this Court. (Doc. 1.) Petitioner is seeking release from incarceration as a result of Petitioner’s alleged continuing unreasonable risk of exposure to COVID-19 in the existing unsafe prison conditions and risk of rapid death or serious injury due to complications from COVID-19 because of Petitioner’s advanced age and/or medical infirmities. For the following reasons, the Court will recommend the petition be SUMMARILY DISMISSED without prejudice. DISCUSSION A. Preliminary Review of Petition Rule 4 of the…