Sherman

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

OMAR WARREN, ) Case No.: 1:19-cv-01007-JLT (HC) ) Petitioner, ) ORDER TO SHOW CAUSE WHY PETITION ) SHOULD NOT BE DISMISSED FOR FAILURE v. ) TO EXHAUST STATE REMEDIES ) STU SHERMAN, et al., ) [TWENTY-ONE DAY DEADLINE] Defendants. ) ) )

Petitioner filed a petition for writ of habeas corpus on July 24, 2019. The petition appears to be unexhausted; therefore, the Court ORDERS Petitioner to show cause why it should not be dismissed without prejudice. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court . . . .” Rule 4 of the Rules Governing Section 2254 Cases. The Advisory Committee Notes to Rule 8 indicate that the court may…