Morales

(HC) Leyva v. Morales

Good Law
United States District Court, Eastern District of CaliforniaMay 1, 20251:25-cv-00072California662 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

MICHAEL ANTHONY LEVYA, ) Case No.: 1:25-cv-0072 JLT EPG ) Petitioner, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS, DISMISSING THE v. ) PETITION FOR WRIT OF HABEAS CORPUS ) WITHOUT PREJUDICE, TERMINATING RAUL MORALES, ) PETITIONER’S REQUEST FOR REVIEW AS ) MOOT, AND DIRECTING THE CLERK OF Respondent. ) COURT TO CLOSE THE CASE ) ) (Docs. 7, 8) )

Michael Anthony Levya 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. The magistrate judge performed a preliminary review of the petition pursuant to Rule 4 of the Rules Governing Section 2254 Cases, and found Petitioner did not exhaust his state court remedies. (Doc. 7 at 1, 2.) Therefore, the magistrate judge found “the Court cannot proceed to the merits” of the claims raised in the petition and recommended dismissal without…

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