Unknown

(HC) Hammond v. Unknown

Good Law
United States District Court, Eastern District of CaliforniaJuly 11, 20251:25-cv-00405California750 words

Opinion

trial_court Opinion

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 DARNELL JAMES HAMMOND, Case No. 1:25-cv-00405-KES-SAB-HC

12 Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

13 v. HABEAS CORPUS WITHOUT PREJUDICE

14 UNKNOWN, 15 Respondent.

16 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. 19 On March 31, 2025, Petitioner filed the instant petition for writ of habeas corpus wherein 20 Petitioner challenges a Kern County conviction. (ECF No. 1.) On April 11, 2025, the Court 21 ordered Petitioner to show cause why the petition should not be dismissed for failure to exhaust 22 state judicial remedies. (ECF No. 6.) On May 5, 2025, the Court received documents from 23 Petitioner. (ECF No. 10.) 24 Rule 4 of the Rules Governing Section 2254 Cases requires preliminary review of a 25 habeas petition and allows a district court to dismiss a petition before the respondent is ordered 26 to file a response, if it “plainly appears from the petition and any attached…

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