Warden

(HC) Abraria v. Warden

Good Law
United States District Court, Eastern District of CaliforniaFebruary 18, 20222:21-cv-01161California1,179 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY RALPH ABRARIA, No. 2: 21-cv-1161 KJN P Petitioner, v. ORDER WARDEN, et al., Respondent. 16 Petitioner is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. For the reasons stated herein, petitioner is directed to file a second amended petition raising his exhausted claims. Legal Standard for Exhaustion The exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas corpus. 28 U.S.C. § 2254(b)(1). A petitioner satisfies the exhaustion requirement by providing the highest state court with a full and fair opportunity to consider all claims before presenting them to the federal court. Picard v. Connor, 404 U.S. 270, 276 (1971); Middleton v. Cupp, 768 F.2d 1083, 1086 (9th Cir. 1985). The United States Supreme Court has held that a federal district court may not entertain a petition for habeas corpus unless the…

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.