Covello
(HC) Ponce v. Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
TOMMY PONCE SR., Case No. 1:22-cv-00978-ADA-SAB-HC
Petitioner, FINDINGS AND RECOMMENDATION TO
DISMISS PETITION FOR WRIT OF
v. HABEAS CORPUS
PATRICK COVELLO, Respondent.
15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. BACKGROUND On August 5, 2022, Petitioner filed a petition for writ of habeas corpus. (ECF No. 1.) On August 9, 2022, the Court issued an order to show cause (“OSC”) why the petition should not be dismissed for failure to exhaust state judicial remedies. (ECF No. 7.) On August 23, 2022, the Court received copies of Petitioner’s petition for review filed in the California Supreme Court and the order denying the petition, which the Court construed as Petitioner’s response to the OSC. (ECF No. 10.) On September 16, 2022, the Court found that “[b]ased on the petition for review, only the judicial…