Covello

(HC) Turner v. Covello

Good Law
United States District Court, Eastern District of CaliforniaAugust 1, 20222:21-cv-01328California2,258 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY DEWAYNE LEE TURNER, No. 2:21-CV-1328-TLN-DMC-P Petitioner,

FINDINGS AND RECOMMENDATIONS

v. PATRICK COVELLO, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner asserts various challenges to a 1996 judgment of not guilty by reason of insanity in the Sacramento County Superior Court. Respondent moves for dismissal of the petition on three grounds: (1) petitioner has not met the custody requirement of § 2254 when he filed the petition, (2) the petition is untimely, and (3) petitioner’s claims are unexhausted. Resp.’s Mot. to Dism. (MTD), Doc. 15. For the reasons set forth here, the Court will recommend that respondent’s motion to dismiss be granted. / / / / / / / / / / / / / / / I. BACKGROUND Petitioner was charged in December 1994 with first degree burglary in violation of California Penal…

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