(HC) Bellinger v. California Department of Corrections

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRIAN JAMES BELLINGER, No. 2:23-cv-01043-DAD-DMC (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

CALIFORNIA DEPARTMENT OF HABEAS PETITION

CORRECTIONS,

(Doc. Nos. 8, 9) Respondent.

17 Petitioner Brian James Bellinger is a state prisoner proceeding pro se with 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 August 21, 2023, the assigned magistrate judge issued findings and recommendations recommending that this federal habeas action be summarily dismissed because petitioner’s first amended petition “does not articulate any cognizable grounds for relief, identify any information concerning state court proceedings, set forth any supporting facts, or state a request for relief.” (Doc. No. 8 at 2.) Indeed, the pending findings and…