Lynch v. Hepp

OPINION AND ORDER

STEPHEN L. CROCKER, United States Magistrate Judge.

This is a petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. The parties have consented to my jurisdiction. Petitioner Gerald Lee Lynch, Jr. is in custody as a result of pleading no contest to one count of homicide by intoxicated use of a vehicle and two counts of fleeing from a police officer, resulting in bodily harm. Before the court are two related motions: 1) the state’s motion to dismiss the petition in its entirety on the ground that Lynch failed to exhaust his state court remedies, as required…