Warden

(HC) Singh v. Warden

Good Law
United States District Court, Eastern District of CaliforniaJune 15, 20232:22-cv-01411California2,081 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PARDEEP SINGH, No. 2:22-CV-1411-KJM-DMC-P Petitioner,

FINDINGS AND RECOMMENDATIONS

v. WARDEN, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Respondent’s motion to dismiss, ECF No. 15. In his motion to dismiss, Respondent argues the petition must be dismissed with prejudice as an improper second or successive petition and as untimely. Respondent’s motion is supported by the state court record, which has been lodged at ECF No. 16. For the reasons discussed below, the Court agrees that the petition is both successive and untimely. / / / / / / / / / / / / / / / / / / I. BACKGROUND Petitioner was convicted of seven counts of attempted murder, one count of enhancement for using a firearm, six for Grave Bodily Injury, and one for discharging a firearm. Petitioner…

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