Long

Long v. Pollard

Good Law
United States District Court, Southern District of CaliforniaFebruary 19, 20213:20-cv-01291California864 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 EDWARD ANDREW LONG, Case No.: 20cv1291-JLS(RBB)

Petitioner,

REPORT AND

v. RECOMMENDATION RE MOTION

TO DISMISS PETITION FOR WRIT

MARCUS POLLARD, Warden,

OF HABEAS CORPUS [ECF NO. 14]

Respondent. 16 On November 30, 2020, Respondent Marcus Pollard, Warden, filed a Motion to Dismiss Petition for Writ of Habeas Corpus in which he requested dismissal of Petitioner Edward Andrew Long’s Petition on the basis that the Petition contained unexhausted claims that were pending before the California Supreme Court [ECF No. 14]. On February 1, 2021, Petitioner filed an opposition to Respondent’s motion [ECF No. 18]. For the reasons set forth below, this Court recommends that Defendants’ Motion to Dismiss be DENIED. I. BACKGROUND Petitioner initiated this action on July 8, 2020, by filing a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 [ECF No. 1]. His…

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