Garza

(HC) Anthony v. Garza

Good Law
United States District Court, Eastern District of CaliforniaDecember 14, 20201:18-cv-00096California825 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARK ANTHONY, Case No. 1:18-cv-00096-DAD-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT COURT DENY PETITIONER’S

v. MOTION FOR RELIEF FROM JUDGMENT JOHN GARZA, OBJECTIONS DUE IN FOURTEEN DAYS Respondent. ECF No. 23 16 17 Petitioner Mark Anthony, a state prisoner proceeding without counsel, brought this habeas action on December 8, 2017. ECF No. 1. Petitioner then filed a motion to stay the petition and hold it in abeyance pending exhaustion of state court remedies. ECF No. 18. On March 27, 2018, Magistrate Judge Seng recommended that the motion to stay be denied because petitioner had not shown good cause for failing to exhaust sooner. ECF No. 19 at 4. On July 18, 2018, Judge Seng’s recommendations were adopted by Judge Drozd, and the petition was dismissed because it contained only unexhausted claims. ECF No. 21. More than two years later, petitioner filed a motion to…

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