(HC) Austin v. Stanislaus County Superior Court

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

STEVEN OSCAR BLACKWELL AUSTIN, ) Case No.: 1:20-cv-01449-JLT (HC) ) Petitioner, ) ORDER TO SHOW CAUSE WHY PETITION ) SHOULD NOT BE DISMISSED FOR FAILURE v. ) TO EXHAUST STATE REMEDIES ) STANISLAUS COUNTY SUPERIOR ) [THIRTY-DAY DEADLINE]

COURT,

Respondent. ) ) )

On October 8, 2020, Petitioner filed the instant petition for writ of habeas corpus in United States Court of Appeals for the Ninth Circuit. (Doc. 1.) The Ninth Circuit transferred the petition to this Court on October 13, 2020. (Doc. 2.) 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…