Tomas Sarinana Jr. v. State of California
Opinion
Trial Court Opinion
JS-
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 11 TOMAS SARINANA JR., Case No. CV 23-07572-VBF (SHK) 12 Petitioner,
ORDER DISMISSING PETITION
v. FOR WRIT OF HABEAS CORPUS
WITHOUT PREJUDICE
STATE OF CALIFORNIA,
15 Respondent. 17 18 I. INTRODUCTION On July 31, 2023, Petitioner Tomas Sarinana Jr. (“Petitioner”) constructively filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 (the “Petition” or “Pet.”). Electronic Case Filing Number (“ECF No.”) 1, Pet. On October 10, 2023, the Court issued an order requiring Petitioner to show cause why the Petition should not be dismissed due to Petitioner’s failure to exhaust his state court remedies. ECF No. 6, Order to Show Cause. On November 20, 2023, Petitioner 26 1 Petitioner’s failure to name the proper Respondent, see 28 U.S.C. § 2242 (“[the application for writ of habeas corpus] shall allege . . . the name of the person who has custody over him”); 28 filed a Response to the OSC. ECF No. 16, Response to OSC. For the…