Jones

(HC) Browand v. Jones

Good Law
United States District Court, Eastern District of CaliforniaAugust 26, 20212:21-cv-00184California1,635 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID ARTHUR BROWAND, No. 2:21-cv-0184-JAM-EFB P Petitioner, v. FINDINGS AND RECOMMENDATIONS CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION, Respondent. 17 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent moves to dismiss the petition, arguing that two of the four claims presented have not been exhausted in the California Supreme Court. ECF No. 9. For the reasons that follow, the motion must be granted. I. Background Petitioner was convicted on July 5, 2016 after pleading guilty to 10 counts of child molestation with regard to his daughter and pleading nolo contendre to one count of child molestation with regard to his niece. ECF No. 11-2 at 1-2. He submitted a single post-conviction filing in the California Supreme Court: a petition for review. ECF No. 11-3. The petition for review argued that: (1) the…

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