(HC) Kern v. Superior Court of CA, County of Sacramento

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES CURTIS KERN, Case No. 2:24-cv-2432-DAD-JDP (P) Petitioner, v. FINDINGS AND RECOMMENDATIONS SUPERIOR COURT OF CALIFORNIA

COUNTY OF SACRAMENTO,

15 Respondent.

17 Petitioner, a state prisoner, brings this action under section 2254. In my previous screening order, I found that the petition appeared unexhausted, and offered petitioner an opportunity to amend and explain why his claims should still proceed. ECF No. 10. He has filed an amended petition that indicates that his claims are still pending in state court and, thus, unexhausted for the purposes of federal habeas review. I recommend that this action be dismissed without prejudice, but without leave to amend, so that petitioner may, if appropriate, raise his claims in a new suit when they are exhausted in state court. The petition is before me for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas…