Collier

Collier v. Covello

Good Law
United States District Court, Northern District of CaliforniaDecember 5, 20194:18-cv-06557California685 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOE ROBERT COLLIER, Case No. 18-cv-06557-JST

Petitioner,

ORDER TO SHOW CAUSE

v.

PATRICK COVELLO, Respondent.

12 Petitioner, an inmate at Richard J. Donovan Correctional Facility, filed this pro se action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On November 12, 2019, the Court granted respondent’s motion to dismiss Claim Nos. 1 and 3 through 10. ECF No. 21. The Court dismissed Claim Nos. 6, 7, and 10 for failure to exhaust state court remedies. Id. The Court dismissed Claim Nos. 1, 3, 4, 5 and 9 as procedurally defaulted, and Claim No. 8 for failure to state a cognizable federal habeas claim. Id. The Court ordered petitioner to inform the Court whether wishes to proceed in this action with only the remaining claim (Claim No. 2), or dismiss this action and return to state court to exhaust Claim Nos. 6, 7, and 10 before returning to federal court to present all of his claims in a new petition, or move for a stay of these proceedings while…

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