(HC) Hatchett v. Clark

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 7 CECIL JEROME HATCHETT, Case No. 2:20-cv-00892-KJM-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT RESPONDENT’S MOTION TO

v. DISMISS BE GRANTED KEN CLARK, OBJECTIONS DUE IN FOURTEEN DAYS Respondent. ECF No. 34 13 Petitioner Cecil Jerome Hatchett, a state prisoner, proceeds on his third amended petition for a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 31. Respondent filed a motion to dismiss, ECF No. 34, petitioner filed an opposition, ECF No. 35, and respondent filed a reply, ECF No. 37. Petitioner has also filed a second opposition, ECF No. 38, that will not be considered because he is not entitled to a sur-reply. For the reasons stated below, I recommend that respondent’s motion be granted. No habeas rule specifically applies to motions to dismiss. See Hillery v. Pulley, 533 F. Supp. 1189, 1194 (E.D. Cal. 1982) (“Motion practice in habeas corpus is not specifically 22 …