(HC) Vela v. Montgomery

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MANUEL A. VELA, Case No. 1:20-cv-00588-EPG-HC

Petitioner, ORDER TO SHOW CAUSE WHY

PETITION SHOULD NOT BE DISMISSED

v. W.L. MONTGOMERY, Respondent.

14 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. DISCUSSION Rule 4 of the Rules Governing Section 2254 Cases requires preliminary review of a habeas petition and allows a district court to dismiss a petition before the respondent is ordered to file a response, if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” A petitioner in state custody who is proceeding with a petition for writ of habeas corpus must exhaust state judicial remedies. 28 U.S.C. § 2254(b)(1). The exhaustion doctrine is based on comity to the state court and gives the state court the initial opportunity to correct the state’s alleged…