Barnes

Barnes v. Covello

Caution
United States District Court, Northern District of CaliforniaMay 18, 20223:22-cv-00541California892 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANTOINE DESHAWN BARNES, Case No. 22-cv-00541-WHO (PR)

Petitioner,

ORDER OF DISMISSAL

v.

PATRICK COVELLO, Dkt. No. 5 Respondent.

12 INTRODUCTION Petitioner Antoine Deshawn Barnes seeks federal habeas relief from his state conviction for indecent exposure. The petition for habeas relief is now before the Court for review pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases. Barnes has not exhausted his claims in state court, and he has an appeal pending in the state appellate court. Because this federal petition is unexhausted and premature, it is DISMISSED without prejudice to Barnes filing a motion to reopen and an amended petition after he has exhausted his claims in state court and after all his state actions related to his conviction have concluded. The Clerk shall amend the docket to reflect that Patrick Covello, the warden of the prison in which Barnes is housed, is the sole respondent in this action.1…

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