Phillips

(HC) Allen v. Phillips

Good Law
United States District Court, Eastern District of CaliforniaJune 6, 20232:22-cv-00011California459 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY L. ALLEN, JR., No. 2:22-CV-0011-DAD-DMC-P Petitioner,

ORDER

v. THE PEOPLE OF THE STATE OF

CALIFORNIA,

15 Respondent.

17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Petitioner’s motion, ECF No. 24, captioned “Supplemental Amend./Time Extension/”Preliminary Injunction.” Petitioner asks the Court to extend the “time limit on the third amend.” Id. at 1. Petitioner also states that he is unable to identify the correct official to name as respondent. See id. Petitioner does not seek any form of injunctive relief. A review of the docket reflects that Petitioner timely filed a third amended petition before he filed the instant motion. See ECF No. 23. Respondent has been served and has responded to the amended petition by way of a motion to dismiss arguing failure to exhaust. See ECF No. 34. In the motion to dismiss,…

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