Gamboa

(HC) Gonzalez v. Gamboa

Good Law
United States District Court, Eastern District of CaliforniaJuly 26, 20211:21-cv-00649California1,322 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ANTONIO R. GONZALEZ, ) Case No.: 1:21-cv-00649-AWI-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATIONS TO ) DISMISS PETITION v. ) ) [THIRTY-DAY OBJECTION DEADLINE] MARTIN GAMBOA, )

Respondent. ) ) )

Petitioner filed a Petition for Writ of Habeas Corpus on April 19, 2021. (Doc. 1.) A preliminary screening of the petition revealed that the petition failed to present any cognizable grounds for relief or any facts in support and failed to demonstrate exhaustion of state remedies. Therefore, the Court dismissed the petition with leave to file an amended petition. (Doc. 4.) On May 20, 2021, Petitioner filed a first amended petition. (Doc. 7.) The amended petition still failed to state a cognizable federal claim for relief and failed to demonstrate exhaustion of state remedies, as the petition was largely duplicative of the previous filing. Accordingly, the Court dismissed the amended 24 …

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