D'Agostini

(HC) Craig v. D'Agostini

Good Law
United States District Court, Eastern District of CaliforniaSeptember 13, 20192:18-cv-02612California1,251 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NORMAN JOHN CRAIG, No. 2:18-cv-2612 JAM KJN P Petitioner, v. ORDER JOHN D’AGOSTINI,1 Respondent. 16 I. Introduction Petitioner is a county jail inmate, proceeding without counsel. Respondent moves to dismiss the petition on the grounds that petitioner fails to state a valid claim for federal habeas relief, and because petitioner failed to exhaust his state court remedies as to all of his claims. Petitioner filed an opposition; respondent did not file a reply. As discussed below, petitioner is granted thirty days in which to file a motion for stay pending exhaustion. II. Request for Sua Sponte Stay In his opposition, petitioner states that the court may find a stay of this action is appropriate because his “direct appeal” in P17CRM1258 is pending in the El Dorado County 26 Petitioner improperly named the County of El Dorado as respondent. Because John D’Agostini is the Sheriff of El Dorado County, and has…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.