Covello
(HC) Powell v. Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEFFREY DEWAYNE POWELL, No. 2:21-cv-02263-DAD-EFB (HC) Petitioner, v. FINDINGS AND RECOMMENDATIONS PEOPLE OF THE STATE OF
CALIFORNIA,
15 Respondent. 16 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On August 16, 2022, the court granted respondent’s motion to dismiss the petition for containing unexhausted claims. ECF No. 21. The court granted petitioner 21 days to file an amended petition containing only exhausted claims. Id. On September 9, 2022, petitioner notified the court that he would like to proceed with his exhausted claims. ECF No. 23. He did not, however, file an amended petition containing only the exhausted claims as directed by the court. Accordingly, the court granted petitioner another 21 days in which to file the amended petition. ECF No. 24. The court also warned petitioner that failure to comply could result in a recommendation that this action be…