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SCOTT v. SWARTHOUT

No. 2:10-cv-0824 JAM CKD P.

ANDRE R. SCOTT, Petitioner, v. GARY SWARTHOUT, Respondent.

United States District Court, E.D. California.

July 10, 2012.

Attorney(s) appearing for the Case

Andre R. Scott, Petitioner, represented by Vincent James Oliver , Law Offices Of Vincent James Oliver.

Gary Swarthout, Respondent, represented by Brian G. Smiley , Attorney General's Office of the State of California, Department of Justice.

FINDINGS AND RECOMMENDATIONS

CAROLYN K. DELANEY, Magistrate Judge.

Petitioner is a state prisoner and has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Presently before the court is respondent's October 31, 2011 motion to dismiss these habeas proceedings. (See Dkt. No. 31.) Respondent makes three arguments in the motion; specifically: (1) the petition is untimely; (2) petitioner failed to exhaust Claim...

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