(HC) Cuellar v. The People of the State of California

Good Law
United States District Court, Eastern District of CaliforniaMarch 27, 20201:20-cv-00427California1,315 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TRAVIS JUSTIN CUELLAR, No. 1:20-cv-00427-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION

TO SUMMARILY DISMISS

PEOPLE OF THE STATE OF UNEXHAUSTED PETITION

CALIFORNIA, [TWENTY-ONE DAY OBJECTION Respondent. DEADLINE] 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He filed a habeas petition in this Court on March 24, 2020, challenging his 2019 conviction in Madera County Superior Court. Because the petition is completely unexhausted, the Court will recommend it be SUMMARILY DISMISSED WITHOUT PREJUDICE. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any attached exhibits that the…

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