(HC) Simpson v. Black

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

HAROLD ROCHELLE SIMPSON, ) Case No.: 1:21-cv-01121 JLT EPG (HC) ) Petitioner, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS GRANTING v. ) RESPONDENT’S MOTION TO DISMISS, ) DISMISSING PETITION FOR WRIT OF CINDY BLACK, ) HABEAS CORPUS WITHOUT PREJUDICE, Acting Executive Director of Napa State Hosp., ) DIRECTING CLERK OF COURT TO CLOSE ) CASE, AND DECLINING TO ISSUE Respondent. ) CERTIFICATE OF APPEALABILITY ) ) (Docs. 13, 18) )

Harold Rochelle Simpson is proceeding pro se with a petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2241. Respondent moved to dismiss the petition, asserting the petition was premature because Simpson “has not been tried on the charges he is seeking to have this Court dismiss.” (Doc. 13 at 1.) On February 9, 2022, the magistrate judge found Simpson failed…