(HC) Harris v. Sacramento County Superior Court

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RODRICK HARRIS, No. 2:19-cv-2413 TLN KJN P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

SACRAMENTO COUNTY SUPERIOR

COURT,

15 Respondent.

17 Petitioner, presently housed in the Sacramento County Jail and proceeding pro se, has 18 filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with a 19 request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Petitioner submitted a 20 declaration that makes the showing required by § 1915(a). Accordingly, the request to proceed in 21 forma pauperis is granted. 28 U.S.C. § 1915(a). 22 The exhaustion of state court remedies is a prerequisite to the granting of a petition for 23 writ of habeas corpus. 28 U.S.C. § 2254(b)(1). If exhaustion is to be waived, it must be waived 24 explicitly by respondent’s counsel. 28 U.S.C. § 2254(b)(3). A waiver of exhaustion, thus, may 25 not be implied or inferred. A petitioner satisfies the exhaustion requirement by providing the 26 27 1 A…