EOP

(HC) Oskuie v. EOP

Good Law
United States District Court, Eastern District of CaliforniaApril 4, 20232:22-cv-01107California696 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KAYRAN MOHAMMAD OSKUIE, No. 2:22-cv-1107 WBS CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS EOP, Respondent. 16 Petitioner is detained at Atascadero State Hospital and proceeding pro se. On March 1, 2023, the court dismissed petitioner’s original petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 with leave to amend. Petitioner has filed an amended petition. Under Rule 4 of the Rules Governing Section 2254 Cases, the court must review all petitions for writ of habeas corpus and summarily dismiss any petition if it is plain that the petitioner is not entitled to relief. The court has conducted that review. 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 26 …

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