Andes

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

10 DOUGLAS LOUIS POPKE, Case No. 1:24-cv-00779-EPG-HC Petitioner, ORDER DIRECTING PETITIONER TO

FILE A NOTICE TO PROCEED WITH

v. EXHAUSTED CLAIM, A NOTICE TO

WITHDRAW PETITION, OR A MOTION

CHANCE ANDES, TO STAY Respondent. 16 Petitioner Douglas Louis Popke is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 2, 2024, Petitioner filed the instant petition for writ of habeas corpus. (ECF No. 1.) On July 9, 2024, the Court ordered Petitioner to show cause why the petition should not be dismissed as unexhausted. (ECF No. 6.) To date, no response has been filed, and the time for doing so has passed. A petitioner in state custody who is proceeding with a petition for writ of habeas corpus must exhaust state judicial remedies. 28 U.S.C. § 2254(b)(1). The exhaustion doctrine is based on comity to the state court and gives the state court the initial opportunity to correct the state’s 26 …