(HC)Candelaria
(HC)Candelaria v. Lemon
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BARCIMEO MERINO CANDELARIA, No. 1:24-cv-01510-SKO (HC) Petitioner, ORDER DIRECTING PETITIONER TO
AMEND THE PETITION TO DELETE
v. UNEXHAUSTED CLAIMS, OR REQUEST
DISMISSAL OF PETTION WITHOUT
PREJUDICE TRISTAN LEMON, Warden, [THIRTY DAY OBJECTION DEADLINE] Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He filed the instant petition on December 11, 2024, challenging a 2022 conviction in Kern County Superior Court for numerous sex offenses. Upon review of the petition, it is clear it is a mixed petition containing unexhausted claims. Therefore, the Court will DIRECT Petitioner to amend the petition to delete the unexhausted claims, or request dismissal of the petition without prejudice so he may return to state court to exhaust his state remedies. DISCUSSION A. …