Pallares

(HC) Belyew v. Pallares

Good Law
United States District Court, Eastern District of CaliforniaMarch 24, 20232:19-cv-00294California929 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LISA MARIE BELYEW, No. 2:19-cv-00294-DAD-AC (PC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DENYING

v. RESPONDENT’S MOTION TO DISMISS,

AND DENYING PETITIONER’S

MICHAEL PALLERAS, APPLICATION FOR A CERTIFICATE OF

APPEALABILITY

Respondent. (Doc. Nos. 19, 26, 48)

17 18 Petitioner Lisa Belyew proceeds pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 22, 2023, the magistrate judge issued findings and recommendations recommending that: 1) respondent’s motion to dismiss the pending petition as a mixed petition containing unexhausted claim (Doc. No. 19) be denied as having been rendered moot; and 2) that petitioner’s application for a certificate of appealability (Doc. No. 26) as to the court’s February 25, 2022 order denying…

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