Laine

Laine v. Bonta

Good Law
United States District Court, Northern District of CaliforniaMarch 22, 20223:22-cv-01570California428 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 JOSHUA LAINE, CC22MX643, Case No. 22-cv-01570-CRB (PR)

Petitioner, ORDER DISMISSING PETITION FOR

A WRIT OF HABEAS CORPUS FOR

v. FAILURE TO EXHAUST

ROB BONTA, State Attorney General, (ECF Nos. 2, 5 & 6) Respondent.

Petitioner, a prisoner at the Contra Costa County Jail, has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging a February 16, 2022 conviction and sentence from Contra Costa County Superior Court. Petitioner also seeks to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915. Based on his affidavit of poverty, petitioner’s motion to proceed IFP (ECF No. 2) is GRANTED. But the petition for a writ of habeas corpus under § 2254 must be dismissed for failure to exhaust state judicial remedies. Prisoners in custody pursuant to a state court judgment who wish to challenge collaterally in federal habeas corpus proceedings either the fact or length of their confinement…

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