Lazarraga

(HC) Barth v. Lazarraga

Good Law
United States District Court, Eastern District of CaliforniaFebruary 20, 20202:19-cv-02556California807 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHAWN DAMON BARTH, No. 2: 19-cv-2556 KJN P Petitioner, v. ORDER & FINDINGS &

RECOMMENDATIONS

JOE A. LAZARRAGA, et al., Respondent. 16 Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On January 3, 2020, the undersigned issued an order finding that it did not appear that petitioner had exhausted state court remedies. (ECF No. 13.) The undersigned granted petitioner thirty days to inform the court whether he had exhausted state court remedies. (Id.) If petitioner had not exhausted state court remedies, within thirty days petitioner could file a request to stay this action while he exhausted his claims. (Id.) See Mena v. Long, 813 F.3d 907, 912 (9th Cir. 2016) (a district court has the discretion to stay and hold in abeyance fully unexhausted petitions under the circumstances set forth in Rhines v. Weber, 544 U.S. 269 (2002).) On…

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