(HC)Azevedo
(HC)Azevedo v. Colusa County
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALEX LEONARD AZEVEDO, No. 2:17-cv-0117 KJN P Petitioner, v. ORDER COLUSA COUNTY, Respondent. 16 ALEX LEONARD AZEVEDO, No. 2:18-cv-2690 KJN P 17 Petitioner, 18 v. ORDER
THE PEOPLE,
20 Respondent. 21 On January 27, 2017, the petition for writ of habeas corpus filed in case No. 2:17-cv-0117 KJN was dismissed without prejudice because the case was duplicative of his prior petition filed in No. 2:17-cv-0115 JAM GGH,1 and because petitioner’s state court proceedings were still pending, Younger v. Harris, 401 U.S. 37, 43-54 (1971). On January 25, 2019, petitioner’s request 26 In his case No. 2:17-cv-0115 JAM, the court also noted that petitioner’s direct appeal was still pending, and dismissed the habeas action on May 30, 2017, based on petitioner’s failure to exhaust state court remedies. Id. The dismissal was without prejudice to its renewal once petitioner exhausted his state court remedies. …