Tomas Sarinana Jr. v. State of California

I. INTRODUCTION

On July 31, 2023, Petitioner Tomas Sarinana Jr. (“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. As explained in this Order, 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.

II. BACKGROUND

Based on the allegations set forth in the Petition, it appears that Petitioner is a pro se pre- trial detainee pending trial on criminal charges in the Los Angeles County Superior Court. ECF No. 1, Pet. at 2-5. Petitioner alleges that as part of pre-trial proceedings, he sought discovery related to the Drug Enforcement Administration’s investigation of his case pursuant to, inter alia, Brady v. Maryland, 373 U.S. 83 (1963), which the trial court denied. Id. at 2-3. Petitioner contends that he appealed this ruling to the California Court of Appeal, which denied his appeal.

1 Under the “mailbox rule,” when a pro se prisoner gives prison authorities a pleading to mail to court, the court deems the pleading constructively “filed” on the date it is…