Morales

(HC) Leyva v. Morales

Good Law
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.) /// /// …

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