Macomber

(HC) Stewart v. Macomber

Good Law
United States District Court, Eastern District of CaliforniaApril 26, 20211:21-cv-00063California540 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY W. STEWART, No. 1:21-cv-00063-DAD-HBK (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

J. MACOMBER, PETITION Respondent. (Doc. No. 9)

17 Petitioner Gregory W. Stewart 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. (Doc. No. 1.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. On March 10, 2021, the assigned magistrate judge issued findings and recommendations, recommending that the pending petition be dismissed because it is successive and petitioner has not obtained leave from the Ninth Circuit to proceed with a second or successive petition. (Doc. No. 9.) The pending findings and recommendations were served on petitioner with notice that any objections thereto were to be filed within thirty (30)…

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