The following excerpt is from Wren v. Ndoh, No. 2: 19-CV-0251 WBS KJN P (E.D. Cal. 2020):
As observed by respondent, petitioner previously filed federal petitions challenging his 2008 Placer County drunk driving conviction, case 2:10-cv-1735 MCE EFB P, case 2:10-1924 FCD KJN P, case 2:11-cv-2823 KJM EFB P.5 The court dismissed case 10-1735 on February 7, 2011, after petitioner failed to file an opposition to respondent's motion to dismiss, which argued that petitioner failed to exhaust state court remedies. The court dismissed case 10-1924 on January 10, 2011, as duplicative of case 10-1735. The court dismissed case 11-2823 on June 19, 2012, for failing to file an in forma pauperis affidavit. Respondent correctly observes that these federal habeas petitions do not toll the statute of limitations. Duncan v. Walker, 533 U.S. 167, 181-82 (2001) (a pending federal habeas petition does not statutorily toll the statute of limitations).
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