Spearmen

(HC) Loyd v. Spearmen

Good Law
United States District Court, Northern District of CaliforniaJanuary 15, 20204:18-cv-07228California3,954 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DANIEL RAY LOYD, Case No. 18-cv-07228-HSG

Petitioner, ORDER GRANTING RESPONDENT’S

MOTION TO DISMISS FOR FAILURE

v. TO EXHAUST STATE REMEDIES;

REQUIRING PETITIONER TO MAKE

SPEARMEN, ELECTION Respondent. Re: Dkt. No.

12 Petitioner Daniel Ray Loyd, an inmate at High Desert State Prison, in Susanville, California, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging a conviction from Lake County Superior Court. Pending before the Court is respondent’s motion to dismiss the petition for failure to exhaust state remedies. Dkt. No. 12. Petitioner has filed an opposition, Dkt. No. 16, and respondent has filed a reply, Dkt. No. 17. For the reasons set forth below, the Court GRANTS respondent’s motion to dismiss. BACKGROUND A Lake County Superior Court jury found petitioner guilty of first degree murder (Cal. Penal…

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