Anglea

(HC) Galafate v. Anglea

Good Law
United States District Court, Eastern District of CaliforniaFebruary 9, 20211:19-cv-01743California860 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOHN GALAFATE, ) Case No.: 1:19-cv-01743-DAD-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) DISMISS THE PETITION FOR FAILURE TO v. ) COMPLY ) HUNTER ANGLEA, Warden, ) [TEN-DAY OBJECTION DEADLINE]

Respondent. ) ) )

On December 16, 2019, Petitioner filed a federal petition for writ of habeas corpus. (Doc. 1.) On March 18, 2020, Respondent filed a motion to dismiss for failure to exhaust state remedies. (Doc. 13.) On July 2, 2020, the Court granted Respondent’s motion to dismiss and directed Petitioner to (a) file an amended petition, removing the unexhausted claim; (b) file a request for dismissal of the pending petition without prejudice so that he may return to state court to exhaust his state remedies; or (c) move for a stay and abeyance of these federal habeas proceedings pending his exhaustion of his unexhausted claim, delineating whether he is making such a motion pursuant…

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