(HC) Trammell v. State of California

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

11 NICHOLAS KENNETH TRAMMELL, ) Case No.: 1:20-cv-01448-JLT (HC) ) 12 Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE 13 v. ) ) FINDINGS AND RECOMMENDATION TO 14 STATE OF CALIFORNIA, ) DISMISS UNEXHAUSTED PETITION

15 Respondent. ) ) [THIRTY-DAY OBJECTION DEADLINE] 16 ) ) 17

18 On September 23, 2020, Petitioner filed the instant petition for writ of habeas corpus in United 19 States Court of Appeals for the Ninth Circuit. (Doc. 1.) The Ninth Circuit transferred the petition to 20 this Court on October 13, 2020. (Doc. 2.) Because the petition appears to be unexhausted, the Court 21 will recommend it be SUMMARILY DISMISSED without prejudice. 22 DISCUSSION 23 A. Preliminary Review of Petition 24 Rule 4 of the Rules Governing Section 2254 Cases requires the Court to make a preliminary 25 review of each petition for writ of habeas corpus. The Court must summarily dismiss a petition…