Covello

(HC) Carlock v. Covello

Good Law
United States District Court, Eastern District of CaliforniaJune 29, 20212:20-cv-02210California971 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN DASHWANE CARLOCK, No. 2:20-cv-2210 TLN KJN P Petitioner, v. ORDER PATRICK COVELLO, 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’s amended petition is before the court. In his pleading, petitioner avers that he “was mistakenly informed appellate counsel was proceeding to file in Cal. Supreme Court. Until recently [petitioner] learned no such petition was filed.” (ECF No. 13 at 3.) Petitioner seeks a stay to allow him to file in the California Supreme Court. As explained below, petitioner is ordered to inform the court how he would like to proceed. I. Exhaustion Standards The exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas corpus. 28 U.S.C. §…

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