Cates

(HC) Garner v. Cates

Good Law
United States District Court, Eastern District of CaliforniaJuly 9, 20211:20-cv-01403California800 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARK ERWIN GARNER, No. 1:20-cv-01403-NONE-JLT (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DENYING

v. PETITION FOR WRIT OF HABEAS

CORPUS, DIRECTING CLERK OF COURT

BRIAN CATES, Acting Warden, TO ASSIGN DISTRICT JUDGE AND CLOSE

CASE, AND DECLINING TO ISSUE

Respondent. CERTIFICATE OF APPEALABILITY (Doc. Nos. 1, 19) 17 18 Petitioner is a state prisoner proceeding in propria persona with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On April 1, 2021, the assigned magistrate judge issued findings and recommendations recommending that the petition be denied on the merits. (Doc. No. 19.) These findings and recommendations were served upon all parties and contained notice that any objections thereto were to be filed within thirty (30) days from the date of service of that order. (Id. at 30–31.) On May 5, 2021, petitioner filed objections to the…

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