Lemon

(HC) Pantaleon v. Lemon

Good Law
United States District Court, Eastern District of CaliforniaJune 13, 20252:24-cv-01649California1,672 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 11 JONY PANTALEON, No. 2:24-cv-1649-DC-SCR Petitioner, v. FINDINGS AND RECOMMENDATIONS STEVE SMITH, Respondent.1 17 Petitioner is a state prisoner proceeding without counsel in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. Currently pending before the court is respondent’s partial motion to dismiss the habeas petition on the grounds that some of the claims are unexhausted. Petitioner has not filed an opposition and the time to do so has expired. For the reasons explained below, the undersigned recommends granting the motion to dismiss claims two through seven without prejudice as unexhausted. /////

26 Respondent requests that Steve Smith be substituted as the proper respondent in this action since he is the warden of Pleasant Valley State Prison where petitioner is incarcerated. See ECF No. 11 at 1, n. 1. The court grants the request pursuant to Rule 2(a) of the Rules Governing Section 2254 Cases…

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