Macomber

Cleveland v. Macomber

Good Law
United States District Court, Northern District of CaliforniaOctober 1, 20203:19-cv-01948California1,468 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 DARREN CLEVELAND, Case No. 19-cv-01948-WHO (PR)

Petitioner,

ORDER DIRECTING PETITIONER

v. TO FILE A RESPONSE TO THIS

ORDER ON OR BEFORE

JEFF MACOMBER, NOVEMBER 16, 2020 Respondent.

9 Petitioner Darren Cleveland’s federal habeas petition has an unexhausted claim. On or before November 16, 2020, he must indicate whether he wishes to (i) dismiss the petition, exhaust his claims in state court, and return to federal court with a fully exhausted petition; (ii) dismiss the unexhausted claim and proceed with the adjudication of his other habeas claims; or (iii) stay habeas proceedings so that he can exhaust this claim, and return to federal court with a fully exhausted petition. Failure to file an appropriate response to this Order by November 16, 2020 will result in the dismissal of his unexhausted claim. The reason for this Order is that Claim 2 is unexhausted. In this claim, Cleveland contends the photo identification…

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