Neuschmid

(HC) Aguilar v. Neuschmid

Good Law
United States District Court, Eastern District of CaliforniaAugust 28, 20201:20-cv-00843California643 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDUARDO LEE AGUILAR, No. 1:20-cv-00843-DAD-JLT (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

ROBERT NEUSCHMID, PETITION WITHOUT PREJUDICE Respondent. (Doc. No. 8) 16 Petitioner Eduardo Lee Aguilar is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2554. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. On June 30, 2020, the assigned magistrate judge issued findings and recommendations recommending that the petition be dismissed without prejudice due to petitioner’s failure to exhaust his claims by first presenting them to the highest state court prior to seeking federal habeas relief. (Doc. No. 8.) The pending findings and recommendations were served on petitioner with notice that any objections thereto were to be filed within…

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