(HC) Kern v. Sacramento County District Attorney Office
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES CURTIS KERN, Case No. 2:24-cv-1630-TLN-JDP (P) Petitioner, v. ORDER; FINDINGS AND
RECOMMENDATIONS
SACRAMENTO COUNTY DISTRICT
ATTORNEY OFFICE,
15 Respondent.
17 Petitioner, an inmate at Pelican Bay State Prison, brings this action under section 2254. ECF No. 1. He raises claims related to a 2024 conviction, but acknowledges that state appellate proceedings remain pending. Id. at 2. Thus, his claims are unexhausted and I recommend that the petition be dismissed on that basis. If his claims have, in fact, been presented to the California Supreme Court, petitioner may state as much in his objections to these recommendations. I also necessarily recommend denial of petitioner’s motion for injunctive relief. ECF No. 8. Finally, I will grant his application to proceed in forma pauperis. ECF No. 9. The petition is before me for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge…