Warden
Lino Isaias Davalos Perez v. Warden
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. …