(HC) Lambert v. State of California

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

QUINTON W. LAMBERT, ) Case No.: 1:19-cv-00920-JLT (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATION STATE OF CALIFORNIA, ) DISMISSING UNEXHAUSTED PETITION Respondent. ) ) [TWENTY-ONE DAY OBJECTION DEADLINE] )

Petitioner filed a habeas petition on June 28, 2019, challenging his 2018 conviction in Stanislaus County Superior Court. Because the petition appears to be unexhausted, the Court will recommend it 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…