Spencer

(HC) Bettencourt v. Spencer

Good Law
United States District Court, Eastern District of CaliforniaApril 9, 20211:20-cv-01833California762 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARY RAY BETTENCOURT, No. 1:20-cv-01833-NONE-EPG-HC Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

v. PETITION FOR WRIT OF HABEAS

CORPUS, DIRECTING CLERK OF COURT

GORDON SPENCER, TO ASSIGN DISTRICT JUDGE AND CLOSE

CASE, AND DECLINING TO ISSUE A

Respondent. CERTIFICATE OF APPEALABILITY (Doc. No. 10) 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On January 14, 2021, the assigned magistrate judge issued findings and recommendations recommending that the petition be dismissed as an unauthorized second or successive petition. (Doc. No. 10.) The findings and recommendations were served on petitioner and contained notice that any objections were to be filed within thirty (30) days of the date of service of the findings and recommendation. (Id. at 3.) On March 25, 2021,…

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