Ottinger

Ottinger v. Gilley

Good Law
United States District Court, Southern District of CaliforniaFebruary 16, 20233:22-cv-00633California4,048 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MICHAEL OTTINGER, Case No.: 22-CV-633 JLS (MSB)

Petitioner,

ORDER: (1) OVERRULING

v. PETITIONER’S OBJECTIONS

TO REPORT AND

GILLEY, Warden; and ROB BONTA,

RECOMMENDATION,

Attorney General, State of California, (2) ADOPTING REPORT AND Respondents. RECOMMENDATION, 16 (3) GRANTING RESPONDENTS’ MOTION TO DISMISS WITH

PREJUDICE, AND (4) DENYING

CERTIFICATE OF

APPEALABILITY

20 (ECF Nos. 5, 10 & 11)

Presently before the Court is Respondents Warden Gilley and Rob Bonta, Attorney General of the State of California’s (collectively, “Respondents”) Motion to Dismiss Petition for Writ of Habeas Corpus (“Mot.,” ECF No. 5), as well as Petitioner Michael Ottinger’s (“Petitioner” or “Ottinger”) Opposition thereto (“Opp’n,” ECF No. 9). Also before the Court is Magistrate Judge Michael S. Berg’s Report and Recommendation…

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