Bird

(HC) Nedd v. Bird

Good Law
United States District Court, Eastern District of CaliforniaMarch 29, 20231:22-cv-00704California707 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JEFFREY S. NEDD, ) Case No.: 1:22-cv-0704 JLT HBK ) Petitioner, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS AND GRANTING v. ) RESPONDENT’S MOTION TO DISMISS ) LANDON BIRD, ) (Docs. 8, 18) ) Respondent. ) ) )

Jeffrey S. Nedd is proceeding pro se with a petition for habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1.) On August 26, 2022, Respondent filed a motion to dismiss the petition for habeas corpus. (Doc. 8.) Petitioner opposed the motion. (Doc. 11.) On March 7, 2023, the assigned magistrate judge found the habeas petition was untimely, and Petitioner did not establish that statutory and/or equitable tolling was warranted. Therefore, the magistrate judge recommended the motion to dismiss be granted and the petition be dismissed. (Doc. 18.) The Findings and Recommendations were served on Petitioner by mail on March 7, 2023, and it contained notice…

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