Covello

(HC) Cooper v. Covello

Good Law
United States District Court, Eastern District of CaliforniaSeptember 8, 20232:22-cv-01632California987 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUSTIN M. COOPER, No. 2:22-cv-01632-DAD-KJN (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DENYING

v. PETITIONER’S MOTION FOR SUMMARY

JUDGMENT, AND DENYING PETITION

PATRICK COVELLO, Warden, FOR HABEAS RELIEF ON THE MERITS Respondent. (Doc. Nos. 17, 18) 16 Petitioner is a state prisoner proceeding with counsel on a petition for 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 May 19, 2023, the assigned magistrate judge issued findings and recommendations recommending that petitioner’s motion for summary judgment be denied and that the pending petition for federal habeas relief be denied on the merits as well. (Doc. No. 19.) Specifically, the magistrate judge determined that petitioner’s claims were barred from federal habeas review because they were…

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