Palleres

(HC) Gosztyla v. Palleres

Good Law
United States District Court, Eastern District of CaliforniaOctober 4, 20222:22-cv-00900California1,549 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHANTELL GOSZTYLA, No. 2:22-cv-0900 KJN P Petitioner, v. ORDER PALLERES, Respondent. 16 Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma pauperis. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). For the reasons set forth below, the court directs the petitioner to indicate how she would like to proceed with this action. I. Exhaustion Standards The exhaustion of state court remedies is a prerequisite to granting of a petition for writ of habeas corpus. 28 U.S.C. § 2254(b)(1). To waive exhaustion, respondent’s counsel must do so 27 28 explicitly. 28 U.S.C. § 2254(b)(3). A waiver of exhaustion cannot be implied or…

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