Merchant
(HC) Bontemps v. Merchant
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 GREGORY C. BONTEMPS, No. 2:22-cv-1741 TLN KJN P Petitioner, v. ORDER JOHN MERCHANT,1 Respondent. 15 Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On November 29, 2022, it was recommended that this action be dismissed based on petitioner’s failure to pay the filing fee or file a request to proceed in forma pauperis. On November 29, 2022, petitioner paid the filing fee. On December 15, 2022, petitioner filed objections. Good cause appearing, the findings and recommendations are vacated. Because petitioner may be entitled to relief if the claimed violation of constitutional rights is proved, respondent will be directed to file a response to petitioner’s habeas petition. In accordance with the above, IT IS HEREBY ORDERED that: 1. The November 29, 2022 findings and recommendations (ECF No. 5) are vacated. ////