Nilsen
Nilsen v. Howe
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL DAVID NILSEN, Case No. 19-cv-02917-PJH
Petitioner, ORDER GRANTING RESPONDENT'S v. MOTION TO DISMISS AND DENYING
CERTIFICATE OF APPEALABILITY
LAKE COUNTY SUPERIOR COURT, APPELLATE DEPT., et al., Re: Dkt. No. 20 11 Respondents.
12 This is a habeas case brought pro se by a former prisoner under 28 U.S.C. § 2254, challenging a conviction involving several misdemeanors. Respondent has filed a motion to dismiss on the ground that the petition is unexhausted. Petitioner has filed an opposition and respondent filed a reply. For the reasons that follow, the motion is granted. DISCUSSION Exhaustion An application for a federal writ of habeas corpus filed by a prisoner who is in state custody pursuant to a judgment of a state court may not be granted unless the prisoner has first exhausted state judicial remedies, either by way of a direct appeal or in collateral proceedings, by…