Robertson

(HC) Palmero v. Robertson

Good Law
United States District Court, Eastern District of CaliforniaAugust 12, 20201:20-cv-00413California1,780 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PETER PALMERO, No. 1:20-cv-00413-NONE-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO DENY MOTIONS FOR STAY AND TO

v. DISMISS GROUNDS TWO AND THREE

FOR FAILURE TO EXHAUST

JIM ROBERTSON, Warden, [Docs. 3, 14] Respondent. [TWENTY-ONE DAY DEADLINE]

17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. He filed the instant habeas petition on March 16, 2020, 19 challenging his 2017 conviction in Kern County Superior Court of possessing a sharp instrument 20 in a penal institution. Two of the three claims presented in the petition are unexhausted. On 21 March 25, 2020, the Court issued an order to show cause why the petition should not be 22 dismissed for failure to exhaust state remedies. (Doc. 10.) On April 17, 2020, Petitioner 23 acknowledged that the claims were unexhausted and moved for stay of the petition pending 24 exhaustion in the state courts. (Doc. 14.) On…

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