(HC) Luisotti v. St. Andre

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VICTOR JOHN LUISOTTI, JR., No. 2:23-cv-01401 DB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

ROBERT ST. ANDRE, Respondents.

17 Petitioner, a state prisoner proceeding pro se, filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the procedure used for a resentencing hearing under Senate Bill 483. (ECF No. 2.) Petitioner has also filed a request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Petitioner has submitted a declaration that makes the showing required, and the request is granted. 28 U.S.C. § 1915(a). 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 petition may be denied on the merits without exhaustion of state court remedies. 28 U.S.C. § 2254(b)(2). If exhaustion is to be waived, though, it must be waived explicitly by respondent’s counsel. 28 U.S.C. §…