Andes
(HC) Lemus v. Andes
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAUL R. LEMUS, No. 2:24-cv-3286-SCR Petitioner, v. ORDER CHANCE ANDES, Respondent. 16 Petitioner is a state prisoner proceeding without counsel in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. The parties have consented to the jurisdiction of the undersigned for all further proceedings in this action including the entry of judgment pursuant to 28 U.S.C. § 636(c)(1). See ECF No. 12. Currently pending before the court is respondent’s motion to dismiss the habeas petition on the grounds that the constitutional claims are not sufficiently detailed and that claims three and four are unexhausted. Petitioner has not filed an opposition and the time to do so has expired. For the reasons explained below, the court will grant respondent’s motion to dismiss claims three and four without prejudice as unexhausted, but will deny the remainder of the motion. I. Factual and Procedural History …