Spearman

(HC) Maquinales v. Spearman

Good Law
United States District Court, Eastern District of CaliforniaApril 8, 20202:19-cv-01242California824 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD MAQUINALES, No. 2:19-cv-1242 CKD P Petitioner, v. ORDER AND SPEARMAN, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner is a California prisoner proceeding pro se with an application for writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges the determination made by the California Department of Corrections and Rehabilitation as to the length of his sentence. While not entirely clear, petitioner seems to assert he is due for release. Respondent has filed a motion to dismiss arguing, in part, that plaintiff has not exhausted state court remedies with respect to his claims. The exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas corpus. 28 U.S.C. § 2254(b)(1). A petitioner satisfies the exhaustion requirement by providing the highest state court with a full and fair opportunity to consider all claims before presenting them…

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