Gastello

(HC) Wright v. Gastello

Good Law
United States District Court, Eastern District of CaliforniaAugust 31, 20201:20-cv-01099California1,338 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DARRELL WRIGHT, Case No. 1:20-cv-01099-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

v. HABEAS CORPUS

J. GASTELLO, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT COURT JUDGE

Respondent.

15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In the instant petition, Petitioner challenges his 1996 Fresno County Superior Court conviction and sentence for attempted murder. As Petitioner previously sought federal habeas corpus relief with respect to the challenged conviction, the undersigned recommends that the petition be dismissed. To the extent that the petition challenges a separate judgment denying relief pursuant to Senate Bill 260 and 261, the undersigned recommends that the petition be dismissed without prejudice for failure to exhaust state court remedies. I. DISCUSSION …

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