Walker
Walker v. Eaton
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 THELMEAS WALKER, Case No. 21-cv-03774-EMC
Petitioner,
ORDER OF DISMISSAL
v. Docket No. 7 PATRICK EATON, Respondent.
12 13 I. INTRODUCTION Petitioner seeks federal habeas relief from his state convictions. The instant 28 U.S.C. § 2254 action was filed in 2021, and is Petitioner’s second (“2021 Petition”). In 2016, Petitioner filed a habeas action regarding the same convictions. See Walker v. Beard, Case No. 16-cv-1280- EMC (N.D. Cal.) (“2016 Petition”). Pursuant to Petitioner’s request, the Court stayed the 2016 Petition so that Petitioner might exhaust a claim based on California’s Proposition 57. See Docket No. 18, 2016 Petition. That earlier petition currently remains stayed, and Petitioner has not moved to reopen it. See generally Docket, 2016 Petition. Respondent moves to dismiss the 2021 Petition. See Docket No. 7 (“MTD”). For the reasons discussed below, this motion is GRANTED. However,…