Tampkins

(HC) Otto v. Tampkins

Good Law
United States District Court, Eastern District of CaliforniaSeptember 4, 20192:19-cv-00425California2,191 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RUSSELL W. OTTO, No. 2:19-cv-00425 MCE GGH P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

CYNTHIA TAMPKINS, Respondent. 16 17 Introduction and Summary Petitioner is a state prisoner proceeding in pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is respondent’s motion to dismiss claiming petitioner has failed to exhaust his state court remedies for several of his claims. ECF No. 10. Petitioner has filed an opposition. ECF No. 15. Petitioner was convicted of several sex offenses committed against minors. He was sentenced to nine years and four months. ECF No. 1. Petitioner appealed his conviction which was denied on September 18, 2017. The direct review petition was denied on November 29, 2017. No state habeas petitions were filed. The federal petition, filed on March 8, 2019, set forth a number of claims (detailed below). Respondent filed a…

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