Wells

Wells v. State of California

Good Law
United States District Court, Northern District of CaliforniaApril 11, 20255:24-cv-00172California621 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STANLEY V. WELLS, Case No. 24-cv-00172-NW

Petitioner,

ORDER DISMISSING PETITION

v. WITHOUT PREJUDICE

STATE OF CALIFORNIA, Respondent.

Petitioner, a state prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. The Court (Gonzalez Rogers, J.) screened the petition and, on June 27, 2024, issued an order to show cause within 28 days as to why the petition should not be dismissed without prejudice as unexhausted or untimely. See ECF No. 11. The deadline has long passed. While the Court notes Petitioner on July 22, 2024, filed a document reiterating his claims, he did not address the substance of the order to show cause; namely why his petition should not be dismissed without prejudice as unexhausted or untimely. See ECF No. 12. As stated in the Court’s previous order, prisoners in state custody who wish to challenge collaterally in federal habeas proceedings either the fact or length…

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