Opinion
2:21-cv-02239-JDW
06-28-2024
MARCUS BROOKING, Petitioner, v. SUPT. MCGINLEY, et al., Respondents.
ORDER
JOSHUA D. WOLSON, J.
AND NOW, this 28th day of June, 2024, upon consideration of Marcus Brooking's Motion For Leave To Proceed In Forma Pauperis, (ECF No. 1), it is ORDERED that the Motion is GRANTED.
Upon consideration of Mr. Brooking's Petition For Relief From A Conviction Or Sentence By A Person In State Custody (ECF No. 2), the Report and Recommendation of the Honorable Judge Jose Arteaga (ECF No. 13), and Petitioner's Traverse For Writ Of Habeas Corpus (which I construe as an objection to Judge Artega's Report and Recommendation) (ECF No. 17), and for reasons stated in the accompanying Memorandum, it is ORDERED as follows:
1. The objections set forth in Petitioner's Traverse For Writ Of Habeas Corpus (ECF No. 17) are OVERRULED;
2. The Report & Recommendation (ECF No. 13) is ADOPTED; and
3. The Petition For Relief From A Conviction Or Sentence By A Person In State Custody (ECF No. 2) is DENIED and DISMISSED WITH PREJUDICE.