(HC) Taylor v. District Attorney Office

Good Law
United States District Court, Eastern District of CaliforniaJanuary 24, 20242:23-cv-00460California588 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT TAYLOR, No. 2:23-cv-00460-DAD-JDP (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

DISTRICT ATTORNEY OFFICE, HABEAS PETITION Respondent. (Doc. No. 16) 16 Petitioner Robert Taylor is a detainee in county jail proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On November 14, 2023, the assigned magistrate judge issued findings and recommendations recommending that petitioner’s federal habeas petition be dismissed due to petitioner’s failure to state a cognizable federal habeas claim. (Doc. No. 16.) Specifically, the magistrate judge explained that because petitioner’s state criminal conviction has not become final, plaintiff has failed to exhaust his habeas claims by first presenting them to the highest state 25 …

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