Cisneros

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DAVID FITZGERALD GADLEY, Case No. 1:21-cv-00834-SAB-HC

Petitioner, ORDER DENYING AS MOOT

PETITIONER’S REQUEST TO LODGE

v. DOCUMENT, GRANTING

RESPONDENT’S MOTION TO DISMISS,

THERESA CISNEROS, DISMISSING PETITION FOR WRIT OF

HABEAS CORPUS, DIRECTING CLERK

Respondent. OF COURT TO SUBSTITUTE

RESPONDENT AND CLOSE CASE, AND

DECLINING TO ISSUE CERTIFICATE OF

APPEALABILITY

17 (ECF Nos. 8, 14) 18 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The parties have consented to the jurisdiction of a United States Magistrate Judge. (ECF Nos. 7, 9, 10). I. BACKGROUND On April 20, 2012, Petitioner was convicted by a jury in the Fresno County Superior Court of second-degree robbery. Petitioner admitted to prior convictions and other enhancement allegations. Petitioner was sentenced to a…