Pfeiffer

(HC) Hernandez v. Pfeiffer

Good Law
United States District Court, Eastern District of CaliforniaApril 12, 20221:20-cv-01235California563 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOVANNY HERNANDEZ, No. 1:20-cv-01235-DAD-HBK (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS

CHRISTIAN PFEIFFER, (Doc. No. 16) Respondent.

16 Petitioner 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. (Doc. No. 1.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. On June 28, 2021, the assigned magistrate judge issued findings and recommendations, recommending that respondent’s motion to dismiss be granted and that the pending petition be dismissed as untimely under the applicable statute of limitations, and in the alternative, for failure to state a cognizable claim to relief. (Doc. No. 16.) Those findings and recommendations were served on petitioner and contained notice that any objections thereto were to be filed within twenty-one (21) days after…

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