Covello

(HC) Castro v. Covello

Good Law
United States District Court, Eastern District of CaliforniaMarch 1, 20232:22-cv-02005California589 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH A. CASTRO, No. 2:22-cv-2005 CKD P Petitioner, v. ORDER PATRICK COVELLO, Respondent. 16 Petitioner is a state prisoner proceeding pro se with an amended petition for a writ of habeas corpus (ECF No. 7) pursuant to 28 U.S.C. § 2254. The exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas corpus. 28 U.S.C. § 2254(b)(1). A petitioner satisfies the exhaustion requirement by providing the highest state court with a full and fair opportunity to consider all claims before presenting them to the federal court. Picard v. Connor, 404 U.S. 270, 276 (1971). Here, petitioner alleges he has exhausted state court remedies with respect to some, but not all of his claims. The United States Supreme Court has held that a federal district court may not entertain a petition for habeas corpus unless the petitioner has exhausted state remedies with respect to each of the…

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