(HC) Vela v. Montgomery
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MANUEL A. VELA, Case No. 1:20-cv-00588-EPG-HC
Petitioner, ORDER DIRECTING PETITIONER TO
NOTIFY THE COURT REGARDING HOW
v. PETITIONER WISHES TO PROCEED W.L. MONTGOMERY, Respondent.
16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On April 28, 2020, the Court ordered Petitioner to show cause why the petition should not be dismissed for failure to exhaust state court remedies. (ECF No. 4). On May 15, 2020, Petitioner requested to file an amended petition, conceding that his ineffective assistance of counsel (“IAC”) claim “should be dismissed without prejudice until Petitioner exhausts his state remedies.” (ECF No. 5). Given that Petitioner emphasizes that his IAC claim should be dismissed without prejudice, it appears that Petitioner may wish to raise his IAC claim at a later date after exhausting state remedies. As previously noted in the order to show cause, a…