Fisher

(HC) Bisel v. Fisher

Good Law
United States District Court, Eastern District of CaliforniaMay 7, 20211:17-cv-00013California4,776 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 GREGORY EUGENE BISEL, No. 1:17-cv-00013-DAD-SKO (HC) Petitioner, v. ORDER DECLINING FINDINGS AND

RECOMMENDATIONS

RAY FISHER JR. and SCOTT KERNAN, (Doc. Nos. 42, 49) Respondents.

15 Petitioner Gregory Eugene Bisel 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. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On December 19, 2019, respondents moved to dismiss claims 1, 2, 5 and 6 of “Petitioner’s First Amended Petition” (hereinafter “First Amended Petition”) (Doc. No. 31) as time-barred and claim 4 as both unexhausted and time-barred. (Doc. Nos. 42, 43.) On February 6, 2020, petitioner filed his opposition to that motion. (Doc. No. 48.) Respondents did not file a reply. On February 28, 2020 the assigned magistrate judge issued findings and recommendation recommending…

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