(HC) Kalso v. Butte County Superior Court

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ZACHARY LLOYD KALSO, No. 2:24-cv-01003-EFB (HC) Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

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