Turner

Turner v. Gore

Good Law
United States District Court, Southern District of CaliforniaJanuary 22, 20213:20-cv-00961California1,405 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DAVID BRYAN TURNER, JR., Case No.: 20cv961-CAB-MSB

Petitioner,

ORDER ADOPTING REPORT AND

v. RECOMMENDATION FOR ORDER

FINDING MIXED PETITION AND

WILLIAM D. GORE, et al., ISSUING OPTIONS ORDER [Doc. Respondent. No. 10] 16 On May 22, 2020, Petitioner David Bryan Turner, Jr. (“Petitioner”), a state prisoner proceeding pro se and in forma pauperis, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, [Doc. No. 1.] On July 24, 2020, Respondent filed an answer to the petition and lodged the state court record. [Doc. Nos. 7, 8.] On July 24, 2020, Petitioner filed a traverse. [Doc. No. 9.] On November 27, 2020, Magistrate Judge Michael S. Berg issued a Report and Recommendation (“Report”), recommending that the Court find that the Petition contains exhausted and unexhausted claims and advising Petitioner of the options available to him with regard to a mixed petition. [Doc. No. 10.] …

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