Billet

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JUAN DANIEL CHAVEZ, Case No. 1:24-cv-01501-SAB-HC

Petitioner, ORDER TO SHOW CAUSE WHY

PETITION SHOULD NOT BE DISMISSED

v. FOR FAILURE TO EXHAUST STATE

COURT REMEDIES

JEFFERY BILLET,

Respondent.

16 Petitioner is a civil detainee proceeding pro se with a petition for writ of habeas corpus challenging his current commitment to the state hospital. Rule 4 of the Rules Governing Section 2254 Cases1 requires preliminary review of a habeas petition and allows a district court to dismiss a petition before the respondent is ordered to file a response, if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” Rule 4, Rules Governing Section 2254 Cases in the United States District Courts, 28 U.S.C. foll. § 2254. Habeas petitions are subject to an exhaustion requirement—either a judicially-created prudential one under 28 U.S.C. § 2241, Dominguez v. Kernan, 906 F.3d 1127, 1135 n.9…