(HC)Valdivia

(HC)Valdivia v. CDCR

Good Law
United States District Court, Eastern District of CaliforniaAugust 28, 20201:20-cv-01185California1,499 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN VALDIVIA, No. 1:20-cv-01185-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION

TO SUMMARILY DISMISS

CDCR, UNEXHAUSTED PETITION

15 Respondent. [TWENTY-ONE DAY OBJECTION DEADLINE] 17 Petitioner 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. § 2254. Petitioner is in custody at the Kings County Jail pursuant to a 2018 conviction in Kings County Superior Court for possession of drug paraphernalia by an inmate. Petitioner filed the instant petition on August 21, 2020, challenging his current confinement. Because the petition is unexhausted and fails to name a proper respondent, the Court will recommend it be DISMISSED. DISCUSSION A. Preliminary Review of Petition Rule 4 of the…

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