What is the legal test for exhaustion in a motion for federal habeas relief?
MultiRegion, United States of America
The following excerpt is from Bretz v. U.S. Dist. Court, Case No. 1:20-cv-00663-JDP (E.D. Cal. 2020):
1. Although petitioner has filed his petition on a California state habeas petition form, we will consider his petition under 28 U.S.C. 2241, which is the proper vehicle for state pre-trial detainees seeking federal habeas relief. See McNeely v. Blanas, 336 F.3d 822, 824 n.1 (9th Cir. 2003).
2. Petitioner states "N/A" for all sections related to exhaustion in his petition.
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