Macomber

(HC) Green v. Macomber

Good Law
United States District Court, Eastern District of CaliforniaJanuary 6, 20232:22-cv-01423California542 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL GREEN, No. 2:22-cv-01423-EFB (HC) Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

KATHLEEN ALLISON, Respondent. 16 Petitioner, a state prisoner proceeding without counsel, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On November 28, 2022, the court reviewed the petition pursuant to Rule 4 of the Rules Governing Habeas Corpus Cases Under Section 2254. ECF No. 5. The court found that it was plain from the petition and its appended exhibits that petitioner was not entitled to federal habeas relief because the petition was barred by the statute of limitations. Id. Thus, the court ordered petitioner to show cause why the court should not summarily dismiss the petition as untimely. Id. On December 14, 2022, petitioner filed a one-sentence document styled “Request for Stay,” stating that a “change in law related to issue presented [a]ffects sentencing and petitioner 26…

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