Sherman

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 GUSTAVO DELACRUZ, Case No. 1:19-cv-00850-JLT (HC) Petitioner, ORDER TO SHOW CAUSE WHY

PETITION SHOULD NOT BE DISMISSED

v. FOR FAILURE TO EXHAUST STATE

REMEDIES

STU SHERMAN, Warden, [TWENTY-ONE DAY DEADLINE] Respondent. 16 Petitioner filed a habeas petition on June 19, 2019, challenging his 2013 conviction in Bakersfield County Superior Court of vehicular manslaughter. The petition appears to be unexhausted; therefore, Petitioner will be ordered 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…