Atchley

(HC) Hunter-Harrison v. Atchley

Good Law
United States District Court, Eastern District of CaliforniaDecember 9, 20202:20-cv-00592California4,521 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GRANVAL G. HUNTER-HARRISON, No. 2:20-cv-00592-WBS-CKD

JR.,

12 Petitioner, FINDINGS AND RECOMMENDATIONS v.

M. ATCHLEY,

15 Respondent. 16 Petitioner is a state prisoner proceeding pro se in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. Currently pending before the court is respondent’s motion to dismiss the federal habeas petition on the ground that it was filed beyond the one-year statute of limitations. ECF No. 11. Respondent also contends that the habeas petition is wholly unexhausted and contains a state law claim that is not cognizable on federal habeas review. ECF No. 11 at 4. By way of opposition thereto, petitioner filed a motion to stay these proceedings in order to exhaust his state court remedies. ECF No. 14. In accordance with an order to show cause issued on September 24, 2020, petitioner filed a complete copy of his prison mail log to assist the court in resolving the pending motions. ECF Nos. 17, 20. For the reasons discussed…

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