(HC) Kalso v. Butte County Superior Court

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ZACHARY LLOYD KALSO, No. 2:24-cv-01003-EFB (HC) 12 Petitioner, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 BUTTE COUNTY SUPERIOR COURT, 15 Respondent. 16 17 18 Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254. 20 Rule 4 of the Rules Governing Habeas Corpus Cases Under Section 2254 provides for 21 summary dismissal of a habeas petition “[i]f it plainly appears from the face of the petition and 22 any exhibits annexed to it that the petitioner is not entitled to relief in the district court.” In the 23 instant case, it is plain from the petition and appended exhibits that petitioner is not entitled to 24 federal habeas relief. 25 It is clear from the face of the instant petition that it was filed while petitioner’s criminal 26 case was ongoing. A district court may not grant a petition for a writ of habeas corpus unless the 27 petitioner has exhausted available state…