(HC)Baymiller

(HC)Baymiller v. People of the State of California

Good Law
United States District Court, Eastern District of CaliforniaJanuary 5, 20232:17-cv-02458California1,440 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM HOLT BAYMILLER, No. 2: 17-cv-2458 MCE KJN P Petitioner, v. ORDER & FINDINGS &

RECOMMENDATIONS

PEOPLE OF THE STATE OF CALIFORNIA, et al., 15 Respondent. 16 17 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. Background The original petition raised three claims. (ECF No. 1.) The court found that one of petitioner’s claims was not exhausted. (ECF No. 17.) On August 24, 2018, the court stayed this action, pursuant to Rhines v. Weber, 544 U.S. 269 (2005), in order for petitioner to exhaust his unexhausted claim. (Id.) On July 22, 2022, the undersigned recommended that the stay be lifted and the unexhausted claim be dismissed. (ECF No. 29.) The undersigned found that petitioner’s lack of diligence in exhausting his…

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