Phillips

(HC) Allen v. Phillips

Good Law
United States District Court, Eastern District of CaliforniaOctober 28, 20242:22-cv-00011California1,353 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANOTHONY LEE ALLEN, JR., No. 2:22-cv-00011-DAD-DMC (HC) Petitioner, v. ORDER DENYING RESPONDENT’S

MOTION FOR RECONSIDERATION

BRYAN D. PHILLIPS1, (Doc. No. 54) Respondent.

16 Petitioner Anthony Lee Allen, Jr. is a state prisoner proceeding pro se and in forma pauperis with a petition for a 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 March 31, 2024, the undersigned adopted in part and declined to adopt in part the findings and recommendations issued by the assigned magistrate judge (Doc. No. 49) and thereby granted in part and denied in part respondent’s motion to dismiss petitioner’s third amended petition. (Doc. No. 52.) More specifically, the court found that of the six different grounds petitioner raised in his federal petition, four of them were unexhausted because they were not

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