Morales
(HC) Leyva v. Morales
United States District Court, Eastern District of CaliforniaMarch 13, 20251:25-cv-00072California856 words
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MICHAEL ANTHONY LEYVA, Case No. 1:25-cv-00072-EPG-HC
Petitioner, FINDINGS AND RECOMMENDATION TO
DISMISS PETITION FOR WRIT OF
v. HABEAS CORPUS WITHOUT PREJUDICE
RAUL MORALES, ORDER DIRECTING CLERK OF COURT
TO ASSIGN DISTRICT JUDGE
Respondent.
16 Petitioner Michael Anthony Leyva is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. As Petitioner has not exhausted his state court remedies, the undersigned recommends dismissing the petition for writ of habeas corpus without prejudice for nonexhaustion. I. BACKGROUND On January 15, 2025, Petitioner filed the instant petition for writ of habeas corpus. (ECF No. 1.) On January 17, 2025, the Court ordered Petitioner to show cause why the petition should not be dismissed as unexhausted. (ECF No. 3.) On January 31, 2025, Petitioner filed his response. (ECF No. 4.) /// /// …