(HC) Simmons v. People of the State of California

Good Law
United States District Court, Eastern District of CaliforniaOctober 19, 20222:21-cv-01033California1,148 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MELVIN JOSEPH SIMMONS, No. 2:21-cv-1033 AC P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

PEOPLE OF THE STATE OF

CALIFORNIA,

15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The initial petition in this case, which was styled as a notice of removal, was filed on June 8, 2021, when petitioner was incarcerated at High Desert State Prison. ECF No. 1. The petition was dismissed with leave to amend because it did not state any cognizable claims for relief and it was unclear whether petitioner was seeking to bring a civil action, challenge an ongoing criminal proceeding in the Lassen County Superior Court, or challenge a previous conviction from the Los Angeles County Superior Court. ECF No. 6. Petitioner proceeded to file a document styled as objections to the magistrate judge’s findings and recommendations, though the grounds for…

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