Perry

(HC) Harris v. Perry

Good Law
United States District Court, Eastern District of CaliforniaNovember 18, 20222:21-cv-01854California599 words

Opinion

trial_court Opinion

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 MARK A. HARRIS, No. 2:21-cv-01854-DAD-AC (HC) 10 Petitioner, 11 v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

12 SUZANNE M. PEERY, HABEAS PETITION 13 Respondent. (Doc. No. 13) 14 15 Petitioner Mark A. Harris is a state prisoner proceeding pro se with a petition for writ of 16 habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to a United States 17 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On June 30, 2022, the assigned magistrate judge issued findings and recommendations 19 recommending that petitioner’s federal habeas petition be dismissed for lack of jurisdiction 20 because “[t]he petition challenges a 2020 prison disciplinary finding” that “does not fall within 21 the core of habeas corpus.” (Doc. No. 13 at 5.) The pending findings and recommendations were 22 served upon petitioner and contained notice that any objections thereto were to be filed within 23 fourteen…

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