Frauenheim

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 GERALD BRENT HARRIS, Case No. 1:19-cv-01203-JLT-SAB-HC Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATION, DENYING IN

v. PART PETITION FOR WRIT OF HABEAS

CORPUS, AND REFERRING MATTER

SCOTT FRAUENHEIM, BACK TO MAGISTRATE JUDGE FOR

EVIDENTIARY HEARING

Respondent. (Doc. 35) 15 On December 21, 2021, the assigned magistrate judge issued findings and that an evidentiary hearing be held on Petitioner’s ineffective assistance of counsel claim related to defense counsel’s alleged failure to file a notice of appeal (hereinafter referenced as the “notice of appeal IAC claim”) from a resentencing proceeding held pursuant to California Senate Bill 620 (“SB 620”) and that the remaining claims in the petition be denied. (Doc. 35.) Respondent filed timely objections, challenging only the recommendation to hold an evidentiary hearing on the notice of appeal IAC claim. (Doc. 37.) Although Petitioner was granted an extension of time…