Stull
Stull v. Smith
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JAMES CONRAD STULL, Case No. 23-cv-04756-JST
Petitioner,
ORDER GRANTING REQUEST FOR
v. JUDICIAL NOTICE; GRANTING
MOTION TO DISMISS; DENYING
WARDEN CHANCE ANDES, CERTIFICATE OF APPEALABILITY Respondent. Re: ECF Nos. 8,
12 Petitioner, an inmate at San Quentin Rehabilitation Center,1 has filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging a prison disciplinary decision. ECF No. 1. Respondent has filed a motion to dismiss the petition for failure to exhaust state court remedies, as required by 28 U.S.C. § 2254(b)(1), ECF No. 8, and an accompanying request for judicial notice, ECF No. 9. Petitioner has not filed an opposition, and the deadline to so has since passed. For the reason set forth below, the Court GRANTS the request for judicial notice, ECF No. 9; GRANTS the motion to dismiss, ECF No. 8; DISMISSES the petition without prejudice to refiling once state court…