Spearman

(HC) Perez v. Spearman

Good Law
United States District Court, Eastern District of CaliforniaJuly 26, 20212:19-cv-01223California305 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SAM PEREZ, No. 2:19-CV-1223-KJM-DMC-P Petitioner, v. ORDER M. ELIOT SPEARMAN, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On August 22, 2019, the Court directed Respondent to file a response to the petition. Respondent complied by way of a motion to dismiss filed on October 11, 2019, arguing that the Court should abstain from hearing the case under Younger v. Harris, 401 U.S. 37 (1971). The District Judge denied that motion October 16, 2020. Respondent is now directed to file an answer to the petition. In this regard, the Court notes that Petitioner has filed a response to the Court’s June 19, 2020, order to show cause why this matter should not be dismissed for failure to exhaust state court remedies. As of the date of Petitioner’s response – August 5, 2020 – it appears that Petitioner had not…

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