Warden

Kevin Dunston v. Warden

Good Law
United States District Court, Central District of CaliforniaApril 8, 20222:20-cv-05665California14,722 words

Opinion

Trial Court Opinion

Case 2:20-cv-05665-SHK Document Filed 04/08/ Page 1 of Page ID #:1613

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

10 11 KEVIN DUNSTON, Case No. 2:20-cv-05665-SHK 12 Petitioner, ORDER DENYING SECOND v. AMENDED PETITION AND DISMISSING CASE WITH

WARDEN,

PREJUDICE

15 Respondent. 16 Pending before the Court is Petitioner’s Second Amended Petition for Writ of Habeas Corpus (“Second Amended Petition” or “SAP”), filed pursuant to 28 U.S.C. § 2254, challenging his 2018 California state court conviction of two counts of second-degree robbery. Both Petitioner and Respondent have consented to proceed before a United States Magistrate Judge. Electronic Case Filing Number (“ECF No.”) 22, 25. Because Petitioner has failed to demonstrate that the California state courts unreasonably denied the claims raised in the SAP and because Ground 3(c) is procedurally defaulted, the undersigned Magistrate Judge DENIES Petitioner’s request for habeas relief on the merits, in its entirety, and 26 …

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