(HC) Trammell v. State of California

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

NICHOLAS KENNETH TRAMMELL, ) Case No.: 1:20-cv-01448-JLT (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATION TO STATE OF CALIFORNIA, ) DISMISS UNEXHAUSTED PETITION

Respondent. ) ) [THIRTY-DAY OBJECTION DEADLINE] ) )

On September 23, 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.) Because the petition appears to be unexhausted, the Court will recommend it be SUMMARILY DISMISSED without prejudice. 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…