Cates

(HC) Howard v. Cates

Good Law
United States District Court, Eastern District of CaliforniaJuly 13, 20201:20-cv-00933California1,013 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

LAMONT J. HOWARD, ) Case No.: 1:20-cv-00933-JLT (HC) ) Petitioner, ) ORDER TO SHOW CAUSE WHY PETITION ) SHOULD NOT BE DISMISSED FOR FAILURE v. ) TO EXHAUST STATE REMEDIES ) SUPERIOR COURT METROPOLITAN ) [THIRTY-DAY DEADLINE]

DIVISION OF COUNTY OF KERN,

Respondent. ) ) )

Petitioner filed a Petition for Writ of Habeas Corpus on June 5, 2020. (Doc. 1.) The petition appears to be unexhausted; therefore, Petitioner will be ordered to show cause why it should not be dismissed without prejudice. I. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases requires the Court to make a preliminary review of each petition for writ of habeas corpus. The Court must summarily dismiss a petition “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court. . .” Rule 4;…

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