Moore

(HC) Garrett v. Moore

Good Law
United States District Court, Eastern District of CaliforniaOctober 19, 20231:22-cv-00899California5,508 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLES DEVON GARRETT, Case No. 1:22-cv-00899-JLT-HBK (HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO: v. DENY PETITIONER’S MOTION FOR

SUMMARY JUDGMENT;

SHAWN MOORE,

DENY THIRD AMENDED PETITION FOR

Respondent. WRIT OF HABEAS CORPUS; FIND REQUEST FOR JUDICIAL NOTICE

MOOT; AND

DECLINE TO ISSUE A CERTIFICATE OF

APPEALABILITY1 FOURTEEN-DAY OBJECTION PERIOD (Doc. Nos. 42, 50, 52, 54) 21 Petitioner Charles Devon Garrett (“Garrett” or “Petitioner”), a state prisoner is proceeding pro se on his third amended petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 42, “Petition”). The Petition raises one ground for relief: Garrett’s due process rights to a fair and impartial trial in front of an impartial judge were violated because the presiding trial judge, while 26 …

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