Davis

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

CHRISTOPHER ALLAN TOBIN, No. 1:18-cv-01375-NONE-SAB Plaintiff, DEATH PENALTY CASE v. ORDER ADOPTING IN PART FINDINGS

AND RECOMMENDATIONS AND

RONALD DAVIS, Warden of San Quentin DENYING RESPONDENT’S MOTION TO State Prison, DISMISS WITHOUT PREJUDICE 15 Respondent. (Doc. Nos. 29, 36)

17 Petitioner Christopher Allen Tobin, a state prisoner convicted and sentenced to death in the Tulare County Superior Court by judgment entered on April 24, 1990, proceeds through appointed counsel, Assistant Federal Defenders Jonathan Samuel Sweeney and David Hare Harshaw III, on the habeas corpus petition filed in this court pursuant to 28 U.S.C. § 2254 on September 26, 2019. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Before the court is a motion filed on January 30, 2020, by counsel on behalf of respondent to dismiss the pending petition on…