Warden

Lino Isaias Davalos Perez v. Warden

Good Law
United States District Court, Central District of CaliforniaDecember 3, 20202:20-cv-04778California870 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 || LINO ISAIAS DAVALOS PEREZ, Case No. CV 20-4778 SVW (PVC) Petitioner,

ORDER DENYING PETITIONER’S

V. “MOTION OF ABEYANCE” AND

SUMMARILY DISMISSING ACTION

WARDEN, WITHOUT PREJUDICE Respondent. PO

On May 28, 2020, Petitioner Lino Isaias Davalos Perez (“Petitioner’’) filed a 18 || “Motion of Abeyance” (the “Motion’”). Petitioner asks the Court to hold “this case” in 19 || abeyance so that he may “exhaust all administrative remedies in State Courts of Appeal.” 20 || (Motion at 1). The Court presumes that Petitioner seeks this extension to avoid the one- 21 || year limitations period set forth in 28 U.S.C. § 2244(d)(1). Petitioner has not, however, 22 || actually filed a habeas petition. 23 According to the Motion, Petitioner seeks an extension of time to initiate a federal 25 |) habeas action because his appellate counsel did not raise unidentified “viable issues” on 26 || direct appeal. …

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.