Robertson

(HC) Palmero v. Robertson

Good Law
United States District Court, Eastern District of CaliforniaMarch 25, 20201:20-cv-00413California1,028 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PETER PALMERO, No. 1:20-cv-00413-SKO (HC) Petitioner, ORDER TO SHOW CAUSE WHY

PETITION SHOULD NOT BE DISMISSED

v. FOR FAILURE TO EXHAUST STATE

REMEDIES

JIM ROBERTSON, Warden, [TWENTY-ONE DAY DEADLINE] Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He filed the instant habeas petition on March 16, 2020, challenging his 2017 conviction in Kern County Superior Court of possessing a sharp instrument in a penal institution. Two of the three claims presented in the petition are 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…

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