Milorad Olic v. Ken Clark

Good Law
United States District Court, Central District of CaliforniaOctober 30, 20232:23-cv-03104California2,176 words

Opinion

Trial Court Opinion

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. 2:23-cv-03104-MWF (SP) Date October 30, 2023 Title MILORAD OLIC v. KEN CLARK, Warden

Present: The Sheri Pym, United States Magistrate Judge Honorable Kimberly I. Carter n/a n/a Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Petitioner: Attorneys Present for Respondent: n/a n/a Proceedings: (In Chambers) Order to Show Cause Why First Amended Petition Should Not Be Dismissed Because Ground One Is Unexhausted and Ground Two Is Not Cognizable On September 14, 2023, petitioner Milorad Olic filed a First Amended Petition for Writ of Habeas Corpus by a Person in State Custody under 28 U.S.C. § 2254 (the “FAP”), challenging his denial of parole. This court having reviewed the FAP, it appears that the FAP is subject to dismissal because petitioner has not exhausted his state remedies with respect to Ground One in the FAP and his claim in Ground Two is not cognizable on federal habeas review. The court will not make a final determination regarding whether the FAP should be dismissed, however,…

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