(HC)Brandstatt

(HC)Brandstatt v. Clark

Good Law
United States District Court, Eastern District of CaliforniaApril 17, 20231:22-cv-01193California454 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM H.L. BRÄNDSTATT, Case No. 1:22-cv-01193-JLT-CDB

Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS DISMISSING THE

v. PETITION WITH PREJUDICE AND

DIRECTING THE CLERK OF COURT TO

KENNETH CLARK, WARDEN, CLOSE THE CASE

Respondent. (Doc. 9)

On March 16, 2023, the assigned magistrate judge issued findings and recommendations to dismiss Petitioner’s 28 U.S.C. § 2254 petition for lack of jurisdiction. The Court served the findings and recommendations on Petitioner and gave him 14 days to file objections thereto. On April 7, 2023, the Clerk of Court received and filed Petitioner’s objections. (Doc. 10). Because Petitioner attested in his proof of service that he deposited those objections for mailing on March 30, 2023, the Court deems them timely. In his objections, Petitioner reargues the merits of the Rules Violation Report and challenges the allegations in a police report, both of which were…

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