(HC) Brandstatt v. Clark

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM H.L. BRANDSTATT, No. 1:22-cv-00299-DAD-BAK (SKO) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

KENNETH CLARK, PETITION FOR WRIT OF HABEAS

CORPUS, AND DECLINING TO ISSUE

Respondent. CERTIFICATE OF APPEALABILITY (Doc. Nos. 1, 8) 17 Petitioner William H.L. Brandstatt is a state prisoner proceeding pro se and in forma pauperis with a petition for habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On April 8, 2022, the assigned magistrate judge issued findings and recommendations recommending that the pending petition be dismissed due to petitioner’s failure to state a cognizable claim for federal habeas relief. (Doc. No. 8.) In particular, the magistrate judge found that the “petition does not challenge [petitioner’s] underlying conviction” and…