Gearhart

Gearhart v. Gastelo

Good Law
United States District Court, Northern District of CaliforniaApril 7, 20213:18-cv-06017California1,560 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KEVIN A. GEARHART, Case No. 18-cv-06017-WHO

Petitioner,

ORDER DISMISSING CERTAIN

v. HABEAS CLAIMS;

ORDER SERVING CERTAIN

JOSIE GASTELO, HABEAS CLAIMS Respondent.

12 Gearhart Kevin Gearhart filed a federal petition for a writ of habeas corpus under 28 U.S.C. § 2254. (Dkt. No. 1.) I previously dismissed some of Gearhart’s claims as procedurally defaulted and stayed the rest of the case at Gearhart’s request so that he could exhaust claims in state court. (See Dkt. No. 18.) Gearhart exhausted claims in state court and the action was reopened. (Dkt. No. 21.) He filed a first amended petition, which did not provide specific facts to support each of Gearhart’s claims. (Id. at 1.) I dismissed it with leave to amend. (Id.) Gearhart has now filed a second amended petition. (Dkt. No. 22 (“SAP”).) It is before me for review pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases.…

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