(HC)Candelaria

(HC)Candelaria v. Lemon

Good Law
United States District Court, Eastern District of CaliforniaFebruary 4, 20251:24-cv-01510California577 words

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 CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION

TO DISMISS PETITION TRISTAN LEMON, Warden, [14-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, the Court determined it was a mixed petition containing unexhausted claims. Thus, on December 16, 2024, Petitioner was directed to either 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. (Doc. 4.) He was granted thirty days to do so. Over thirty days have 24 …

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