Pollard

(HC) Carpenter v. Pollard

Good Law
United States District Court, Eastern District of CaliforniaFebruary 19, 20212:20-cv-00908California2,152 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID LIONEL CARPENTER, No. 2:20-cv-0908 WBS KJN P Petitioner, v. ORDER MARCUS POLLARD, Warden, Respondent. 16 Petitioner is a state prisoner, proceeding pro se, with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Presently before the court is respondent’s motion to dismiss the petition for failure to exhaust state remedies. Petitioner filed an opposition; respondent did not file a reply. As explained below, petitioner is ordered to inform the court how he would like to proceed in this action. I. Motion to Dismiss Petitioner challenges his Butte County Superior Court conviction for kidnapping, inflicting corporal injury on his ex-girlfriend, and criminal threats. (ECF No. 21-1.) Petitioner raises twelve claims in the first amended petition: (1) ineffective assistance of trial counsel by failing to object to stacking charges, and appellate counsel was ineffective by not appealing that issue…

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