Onre Emmet Leyva v. Riverside County Superior Court

I. INTRODUCTION

On May 23, 2023, Petitioner Onre Emmet Leyva (“Petitioner”) constructively filed1 a Petition for Writ of Habeas Corpus, under 28 U.S.C. § 2254 (the “Petition” or “Pet.”). Electronic Case Filing Number (“ECF No.”) 1, Pet. For the reasons set forth in this Order to Show Cause (“OSC”), the Court orders Petitioner to show cause why the Petition should not be dismissed due to Petitioner’s failure to exhaust his state court remedies. Specifically, it does not appear that Petitioner raised any of the claims alleged in the pending Petition before the California Supreme Court and it does not appear that Petitioner is seeking a stay of his Petition in this Court. ECF No. 1, Pet. at 5, 9-10. However, as the Petition appears to be fully unexhausted, the Court can grant a stay only if Petitioner satisfies the requirements set forth in Rhines v. Weber, 544 U.S. 269 (2005), which Petitioner has not done in the pending Petition. The Court will not make a final determination regarding whether the Petition should be dismissed without giving Petitioner an opportunity to demonstrate that he has exhausted all of his claims, or a final determination as to whether he is entitled…