Cueda

(HC) Leonard v. Cueda

Good Law
United States District Court, Eastern District of CaliforniaSeptember 10, 20242:23-cv-02693California1,287 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THOMAS FREDERICK LEONARD, No. 2:23-CV-2693-DAD-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS D. CUEDA, Respondent. 16 Petitioner, a prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Respondent's unopposed motion to dismiss. See ECF No. 13. Respondent argues that this action must be dismissed because all claims raised are unexhausted. See id. Respondent further argues that Petitioner's Fourth Amendment claim is not cognizable. See id. Respondent has lodged relevant state court records in support of the motion to dismiss. See ECF No. 14. 23 I. BACKGROUND This action proceeds on Petitioner's second amended petition. See ECF No. 8. Petitioner was convicted in the Sacramento County Superior Court of numerous counts of lewd acts upon a child. See ECF No. 14-1 (abstract of felony…

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