Warden

(HC) Singh v. Warden

Good Law
United States District Court, Eastern District of CaliforniaSeptember 5, 20232:22-cv-01411California4,996 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,

AMENDED FINDINGS AND

v. RECOMMENDATIONS 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. 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. Petitioner has filed an opposition, ECF No. 19, and Respondent has filed a reply, ECF No. 20. On June 15, 2023, the undersigned issued findings and recommendations that Respondent’s motion to dismiss be granted. See ECF No. 22. On August 28, 2023, the District Judge issued an order referring the matter back to the undersigned for further consideration. See ECF No. 23. …

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