Hernandez v. Myers, 3:19-cv-00029-BR. (2019)
Court: District Court, D. Oregon
Number: infdco20190325d08
Visitors: 13
Filed: Mar. 22, 2019
Latest Update: Mar. 22, 2019
Summary: ORDER MICHAEL W. MOSMAN , Chief District Judge . Petitioner, an inmate at the Coffee Creek Correctional Facility, brings this habeas corpus action pursuant to 28 U.S.C. 2254. Currently before the Court is Respondent's Motion to Dismiss the Petition without prejudice on the basis that Petitioner has not exhausted her available state remedies as Petitioner's appeal from the trial court's denial of post-conviction relief remains pending. Petitioner concedes that she has not exhausted her ava
Summary: ORDER MICHAEL W. MOSMAN , Chief District Judge . Petitioner, an inmate at the Coffee Creek Correctional Facility, brings this habeas corpus action pursuant to 28 U.S.C. 2254. Currently before the Court is Respondent's Motion to Dismiss the Petition without prejudice on the basis that Petitioner has not exhausted her available state remedies as Petitioner's appeal from the trial court's denial of post-conviction relief remains pending. Petitioner concedes that she has not exhausted her avai..
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ORDER
MICHAEL W. MOSMAN, Chief District Judge.
Petitioner, an inmate at the Coffee Creek Correctional Facility, brings this habeas corpus action pursuant to 28 U.S.C. § 2254. Currently before the Court is Respondent's Motion to Dismiss the Petition without prejudice on the basis that Petitioner has not exhausted her available state remedies as Petitioner's appeal from the trial court's denial of post-conviction relief remains pending. Petitioner concedes that she has not exhausted her available state remedies and does not object to Respondent's motion.
Accordingly, the Court GRANTS Respondent's Motion to Dismiss (ECF No. 10) and DISMISSES this action, without prejudice.
IT IS SO ORDERED.
Source: Leagle
