(HC) Austin v. Stanislaus County Superior Court
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
STEVEN OSCAR BLACKWELL AUSTIN, ) Case No.: 1:20-cv-01449-JLT (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATION TO STANISLAUS COUNTY SUPERIOR ) DISMISS UNEXHAUSTED PETITION WITHOUT
COURT,
) PREJUDICE ) Respondent. ) [TWENTY-ONE DAY OBJECTION DEADLINE]
Petitioner filed a Petition for Writ of Habeas Corpus on October 8, 2020. (Doc. 1.) On October 15, 2020, the Court issued an order to show cause why the petition should not be dismissed for failure to exhaust state remedies. (Doc. 5.) On November 17, 2020, Petitioner filed a response to the order to show cause, however, failed to indicate any information regarding exhaustion of his state remedies. (Doc. 8.) Accordingly, the Court will recommend that the petition be dismissed without prejudice. DISCUSSION A. Preliminary Review of Petition Rule 4 of…