Acedo

Acedo v. Fisher, JR

Good Law
United States District Court, Southern District of CaliforniaJuly 16, 20203:17-cv-02346California5,771 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DANIEL ACEVEDO, Case No.: 3:17-cv-2346-GPC (JMA)

Petitioner,

ORDER: (1) ADOPTING REPORT

v. AND RECOMMENDATION; (2)

DENYING FIRST AMENDED

R. FISHER JR., Warden,

PETITION FOR WRIT OF HABEAS

Respondent. CORPUS; and (3) DENYING

CERTIFICATE OF

APPEALABILITY

17 [ECF Nos. 1, 26]

19 Petitioner Daniel V. Acevedo (“Petitioner”) is a state prisoner proceeding pro se 20 with a First Amended Petition for Writ of Habeas Corpus (“FAP”) pursuant to 28 U.S.C. 21 § 2254. ECF No. 11 (“FAP”) at 5-129. In the FAP, Petitioner challenges his 2014 22 conviction in San Diego Superior Court for inflicting corporal injury upon a cohabitant. 23 Id. On September 17, 2018, Magistrate Judge Jan M. Adler, issued a report and 24 recommendation (“R&R”) denying the FAP. ECF No. 26. On October 2, 2018

26 1 Petitioner filed a Motion for Leave to File an Amended Petition. ECF No. 11. The Court denied the 27 motion as moot on the basis that…

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