Anglea

(HC) Heath v. Anglea

Good Law
United States District Court, Eastern District of CaliforniaJune 29, 20212:19-cv-01733California874 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL HEATH, No. 2:19-cv-1733 TLN CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS HUNTER ANGELA, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his petition, petitioner alleges that he pled guilty to possession of firearms in Solano County and is serving a sentence of 6 years imprisonment. Petitioner’s claim is that he has been forced to pay restitution for the loss of a car, despite the fact that he never pled guilty to an offense related to the loss of a car. Respondent argues that petitioner has failed to exhaust state court remedies with respect to his claim. The exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas corpus. 28 U.S.C. § 2254(b)(1). A petitioner satisfies the exhaustion requirement by providing the highest state court with a full and fair…

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