Raymond Anthony Chatman v. Neil McDowell

Good Law
United States District Court, Central District of CaliforniaMarch 29, 20235:22-cv-00559California944 words

Opinion

Trial Court Opinion

1

JS-

3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 12 RAYMOND ANTHONY Case No. ED CV 22-559 GW (MRW) CHATMAN,

ORDER DISMISSING HABEAS

Petitioner,

ACTION WITHOUT PREJUDICE

v. NEIL McDOWELL, Warden, Respondent. 18 19 The Court dismisses this habeas action without prejudice for failure 20 to exhaust claims in state court proceedings. 28 U.S.C. § 2254(b)(1)(A). 21 * * * 22 1. This is a habeas corpus action involving a state prisoner. 23 In 2019, a state court jury convicted Petitioner of burglary of an occupied 24 residence. The trial court sentenced Petitioner to thirteen years in prison. 25 (Docket # 7-8 at 2-4.) 26 2. In November 2020, the state appellate court affirmed 27 Petitioner’s conviction on direct appeal. (Docket # 7-8.) Petitioner did not 28 file a timely petition for review with the state supreme court within 40 days of that decision. Cal. R. Ct. 8.333, 8.500. 3. Instead, in June 2021 – several months after the state appellate court ruling – Petitioner attempted to file a petition for review with…

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