Sherman

(HC) Dedeker v. Sherman

Good Law
United States District Court, Eastern District of CaliforniaJune 14, 20212:20-cv-02056California723 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEREMY WILLIAM DEDEKER, No. 2:20-cv-2056-KJM-EFB P Petitioner, v. FINDINGS AND RECOMMENDATIONS STUART SHERMAN, Respondent. 16 Petitioner proceeds without counsel in this petition for writ of habeas corpus under 28 U.S.C. § 2254. Respondent moved to dismiss the petition for failure to state a claim and for potentially asserting a claim that had not been exhausted in state court. ECF No. 12. The gist of respondent’s motion was that the petition failed to identify the basis for relief. Id. Petitioner’s opposition clarified the grounds on which he seeks relief, and respondent now asserts that petitioner should be given an opportunity to amend the petition to clearly assert those grounds. ECF Nos. 20, 21. The court agrees and therefore recommends that the motion to dismiss be granted with leave to amend. I. Background Petitioner was sentenced to a determinate term of 12 years plus a consecutive indeterminate…

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