(HC)Canderlario Vargas v. James Robertson

Good Law
United States District Court, Eastern District of CaliforniaOctober 13, 20221:21-cv-00655California1,199 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CANDELARIO VARGAS, No. 1:21-cv-00655-ADA-SAB (HC) Petitioner, ORDER REFERRING MATTER BACK TO

THE MAGISTRATE JUDGE FOR

v. AMENDED FINDINGS AND

RECOMMENDATIONS

JAMES ROBERTSON, (ECF Nos. 12, 22) Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 25, 2022, the assigned Magistrate Judge issued findings and recommendations that recommended granting Respondent’s motion to dismiss and dismissing the petition as untimely. (ECF No. 22.) The findings and recommendations were served on Petitioner and contained notice that any objections were to be filed within thirty days of the date of service of the findings and recommendations. On February 22, 2022, Petitioner filed timely objections. (ECF No. 24.) …

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