Kurtis King v. People of The State of California

CIVIL MINUTES - GENERAL

Case No. 2:23-cv-03929-FWS (SK) Date July 19, 2023 Title Kurtis King v. People of The State of California

Present: The Honorable Steve Kim, United States Magistrate Judge Connie Chung n/a Deputy Clerk Court Smart / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent: None present None present Proceedings: (IN CHAMBERS) SECOND ORDER TO SHOW CAUSE In June 2023, the Court ordered Petitioner to show cause why his 28 U.S.C. § 2254 habeas petition should not be dismissed for lack of exhaustion as a mixed petition. (ECF 4). In response, Petitioner admitted he has not exhausted his ineffective assistance of counsel claim in state court because he believed he would not receive a fair review. (ECF 6 at 1–2). But his belief that the state courts somehow impeded his ability seek justice does not excuse his failure to exhaust the claim he now seeks to bring in federal court. (Id. at 5). Indeed, this Court has no discretion to consider an unexhausted claim on habeas review. See Rose v. Lundy, 455 U.S. 509, 510 (1982). So long as both his claims…