Neuschmid

(HC) Aguilar v. Neuschmid

Good Law
United States District Court, Eastern District of CaliforniaJune 30, 20201:20-cv-00843California816 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

EDUARDO LEE AGUILAR, ) Case No.: 1:20-cv-00843-JLT (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATION TO ROBERT NEUSCHMID, ) DISMISS UNEXHAUSTED PETITION

Respondent. ) ) [THIRTY-DAY OBJECTION DEADLINE] ) )

On June 11, 2020, Petitioner filed the instant petition for writ of habeas corpus in this Court. (Doc. 1.) Because the petition appears to be 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 requires the Court to make a preliminary review of each petition for writ of habeas corpus. The Court must summarily dismiss a petition “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district…

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