Schuyler

(HC) Pink v. Schuyler

Good Law
United States District Court, Eastern District of CaliforniaMarch 4, 20251:24-cv-00449California2,593 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DVONTAE LAROME PINK, ) Case No.: 1:24-cv-00449-KES-SKO (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATIONS TO ) GRANT RESPONDENT’S MOTION TO DISMISS v. ) [Doc. 23] CARLOS ARCE, ) ) [21-DAY OBJECTION PERIOD] Respondent. ) ) )

17 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner filed his petition in this Court on April 15, 2024.2 (Doc. 1.) He filed a first amended petition on August 19, 2024, and a second amended petition on November 7, 2024. (Docs. 9, 15.) On January 21, 2025, Respondent filed a motion to dismiss contending that the petition violates the statute of limitations, contains unexhausted claims, and fails to comply with Rule 2(c) of the Rules Governing Section 2254 Cases. (Doc. 23.) Petitioner did not file an opposition within the allotted time. Upon 25

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