Covello

(HC) Abila v. Covello

Good Law
United States District Court, Eastern District of CaliforniaSeptember 13, 20222:22-cv-00264California1,545 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANGELO ALEX ABILA, No. 2: 22-cv-0264 KJN P Petitioner, v. ORDER & FINDINGS &

RECOMMENDATIONS

P. COVELLO, Respondent. 16 Introduction Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons stated herein, the undersigned recommends that this action be dismissed for failure to prosecute. The original petition raised two exhausted claims. (ECF No. 1.) Petitioner also claimed that he had two habeas corpus petitions pending in the San Joaquin County Superior Court raising additional claims. (Id.) On March 22, 2022, the undersigned granted petitioner thirty days to inform the court whether he intended to proceed on his two exhausted claims only or if he requested a stay to exhaust the unexhausted claims raised in the habeas corpus petitions pending in the San Joaquin County Superior Court. (ECF No. 3.) In response…

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