Drop
Drop v. Allen
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ROBERT DROP, Case No. 22-cv-04436-WHO
Petitioner,
ORDER GRANTING MOTION TO
v. DISMISS
TRENT ALLEN, Re: Dkt. No. 9 Respondent.
Petitioner Robert Drop (“Drop”) seeks federal habeas relief from his state convictions. Petition (“Pet.”) [Dkt. No. 1]. Respondent Trent Allen, Acting Warden (“Allen”), moves to dismiss claims one and three on the grounds that Drop did not exhaust state remedies. Motion (“Mot.”) [Dkt. No. 9]. Because Drop did not exhaust those claims, Allen’s motion is GRANTED. Claims one and three are DISMISSED. By October 27, 2023, Drop must decide whether to proceed solely with claim two or file a motion to stay this suit so he can return to state court to attempt to exhaust claims one and three.1 BACKGROUND In 2017, Drop was convicted in state court of committing sex crimes against a child under fourteen and received a sentence of 65 years to life. Pet. at…