Gary Johnson v. Craig Koenig

Good Law
United States District Court, Northern District of CaliforniaJanuary 8, 20215:20-cv-07371California883 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

GARY JOHNSON,

Case No. 20-07371 BLF (PR) Petitioner, ORDER OF DISMISSAL; DENYING v. MOTION FOR STAY AND ABEYANCE

CRAIG KOEING, et al.,

Respondents. (Docket No. 3)

17 Petitioner, a state convict proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the denial of parole by the California Board of Parole Hearings. Dkt. No. 1. Petitioner paid the filing fee. Dkt. No. 10. Petitioner also filed a motion for stay and abeyance, stating that his habeas petition is still pending before the California Supreme Court. Dkt. No. 3 at 3. For the reasons discussed below, the motion is denied and the petition is dismissed for failure to exhaust state judicial remedies. /// 25 /// 26 27 I. DISCUSSION A. Exhaustion Prisoners in state custody who wish to challenge…

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