Robertson

(HC) Dean v. Robertson

Good Law
United States District Court, Eastern District of CaliforniaSeptember 17, 20192:18-cv-01287California412 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 De’SHAWN DeKKERIO DEAN, No. 2:18-cv-01287 TLN GGH P Petitioner, v. ORDER J. ROBERTSON, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. §2254. The matter was referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and Local Rule 302(c). On August 13, 2018, respondent filed an answer to the petition for a writ of habeas corpus. ECF No. 10. On October 2, 2018, petitioner filed a traverse. ECF No. 14. After reviewing the parties’ briefing, on April 18, 2019 the undersigned issued an order providing petitioner an opportunity to file a motion for stay and abeyance for a failure to exhaust his second claim for ineffective assistance of counsel. ECF No. 16. Alternatively, if petitioner did not wish to seek a stay, petitioner had the option to delete his unexhausted claim and file an amended petition containing only…

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