Robertson

(HC) Baca v. Robertson

Good Law
United States District Court, Eastern District of CaliforniaOctober 11, 20222:22-cv-01481California1,615 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES MARTIN BACA, No. 2:22-cv-01481 TLN KJN P Petitioner, v. ORDER JAMES ROBERTSON,1 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 is granted. See 28 U.S.C. § 1915(a). For the reasons set forth below, the court directs the petitioner to indicate how he 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

James Robertson, current warden of Pelican Bay State Prison, is substituted as…

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