(HC) Austin v. Stanislaus County Superior Court

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 STEVEN OSCAR BLACKWELL AUSTIN, ) Case No.: 1:20-cv-01449-JLT (HC) ) 12 Petitioner, ) ORDER TO SHOW CAUSE WHY PETITION ) SHOULD NOT BE DISMISSED FOR FAILURE 13 v. ) TO EXHAUST STATE REMEDIES ) 14 STANISLAUS COUNTY SUPERIOR ) [THIRTY-DAY DEADLINE]

COURT,

15 Respondent. ) ) 16 )

17 On October 8, 2020, Petitioner filed the instant petition for writ of habeas corpus in United 18 States Court of Appeals for the Ninth Circuit. (Doc. 1.) The Ninth Circuit transferred the petition to 19 this Court on October 13, 2020. (Doc. 2.) The petition appears to be unexhausted; therefore, 20 Petitioner will be ordered to show cause why it should not be dismissed without prejudice. 21 I. DISCUSSION 22 A. Preliminary Review of Petition 23 Rule 4 of the Rules Governing Section 2254 Cases requires the Court to make a preliminary 24 review of each petition for writ of habeas corpus. The Court must summarily dismiss a petition “[i]f it 25 plainly…